Ethical for a criminal defense attorney to represent

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Reference no: EM13920680

CJA 324 Week 3 Team Assignment - Ethics Issue Presentation.

Create a 5- to 10-slide Microsoft® PowerPoint® presentation with speaker notes, and include a slide with references.

Post your Ethics Issue Presentation on your assigned topic to the Assignment Section:

Law enforcement ethics: The Rampart Scandal stemmed from the unethical actions of a rogue group of officers, but had far reaching implications ultimately resulting in the oversight of the Los Angeles Police Department (LAPD) by the Federal Government for a 5-year period by court order. Honest and ethical officers at the LAPD must still labor under the aspersions cast by this scandal. Research this scandal and summarize the following:

  • Who is Rafael Perez? Why did he come forward? Is he credible?
  • What criminal activities were undertaken by The Community Resources Against Street Hoodlums (CRASH) officers that Perez implicated?
  • Did the ends justify the means? What ends did the Rampart Division CRASH Officers originally intend? What ends were actually achieved?
  • What changes were recommended to avoid a reoccurrence of such a systemic display of unethical conduct?
  • What is the LAPD's current reputation? In your opinion, were the implemented changes successful, in terms of the image projected by the department? What might you recommend to help improve on the image of the LAPD?

Defense attorney ethics: Unlike most of the other participants in the criminal justice system, defense attorneys often are accused of unethical behavior simply for agreeing to represent an accused individual or for winning a trial. On the other hand, when they neglect their duties and a criminal defendant is wrongfully convicted or receives a harsher sentence than typical, the public is quick to look the other direction. Research the role and duties of the criminal defense attorney, and summarize the following:

  • Is it ethical for a criminal defense attorney to represent a person believed to be guilty? Explain.
  • Is it ethical for a public defender to refuse to represent a person believed to be guilty? Explain.
  • What are the obligations of a criminal defense attorney when the defendant wishes to testify and the defense attorney believes the defendant is guilty of the offense?
  • What are some examples of instances where criminal defense attorneys neglected their ethical responsibilities and a defendant was wrongfully convicted or received a harsher sentence as result?
  • Prosecution ethics: It is the duty of the prosecutor to seek justice and not necessarily a conviction. Does the adversarial system of justice interfere with this duty? Research the role and duties of a criminal prosecutor and summarize the following:
  • Is it ethical for a prosecutor to file criminal charges when they do not have sufficient evidence of guilt, but they believe the individual is guilty? Explain.
  • What considerations might legitimately factor into a decision to charge an individual with a crime? What considerations should be excluded from this exercise of discretion?
  • How does plea bargaining in federal court help to cover up abuses in the system?
  • Should the prosecutor be required to help the defendant by providing potentially exonerating evidence in his or her possession or evidence that might assist the defendant in an affirmative defense or sentence reduction? Explain your answer.
  • What are some examples of prosecutorial misconduct? Do the ends justify the means in the examples provided?
  • Correction ethics: Correctional officers are often referred to as the other inmates, because as the officers are in the facility working, they may begin to feel like they are inmates just like the convicts. Research the role, duties, and subculture of correctional officers, and summarize the following:
  • In the Stanford Prison Experiment, what ethical violations were committed by the guards? To what do you attribute these violations: the personality of the guards, the mandates of the situation, the lack of training, or some other factor? How might these violations be deterred or prevented in an actual correctional facility?
  • In the Stanford Prison Experiment, what prevented the good guards from objecting or countermanding the orders from the tough or bad guards? How might you use this information to encourage and reward whistle blowing by actual correctional officers?
  • What are some examples of correctional officer misconduct within the industry? Do the ends justify the means in the examples provided?

Correctional facilities operate in relative secrecy and as a society unto themselves because of the isolated location of the complex and the restrictions imposed on visitors. Moreover, if inmates complain, they are often not believed or they are ignored. What safeguards might be employed to reduce or eliminate unethical activity within the walls of the correctional facility

Reference no: EM13920680

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