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A Discussion on Plea Bargaining

Bobby K. Lawyer's first inclination when accepting a new client is to begin the process of plea bargaining. He is not interested in "dragging out" a case in court that will go on for months and might get ugly. Plea bargaining, in his opinion, is a much simpler way to work the system and satisfy both parties. But Bobby is not looked on very highly by his peers. To many of his peers, plea bargains cheat the system, side-step justice, and do not take due process into consideration.

Task:
- Clarify the ethical dilemma associated with plea bargaining.
- Analyze the dilemma using a deontological framework and a teleological framework. In your opinion, by which framework might the dilemma be resolved best?
- Judges, like police officers and attorneys, are held to a higher ethical standard than the average person; they are expected to be impartial and non-biased in their work. Do you believe a judge can be completely unbiased with every case? Explain your answer. What ethical issues arise when a judge is biased?

Solution Preview

- Clarify the ethical dilemma associated with plea bargaining.

The ethical dilemma that is associated with plea bargaining is the question of whether Bobby should go in for plea bargaining or should he follow the court procedure. The ethical dilemma arises from trying to resolve his client's case through the process of plea bargaining or should he go through the procedure in court. If he goes through the court procedure his client might get a better deal, but the court procedure may drag out for months. Moreover, the court procedure can lead to mud slinging and even a less favorable outcome for his client.

- Analyze the dilemma using a deontological framework and a teleological framework. In your opinion, by ...

Solution Summary

In about 500 words, this posting provides a detailed response on the subject of plea bargaining, in terms of why it is an ethical dilemma, how this dilemma can be viewed under different frameworks and the ethical standards which are placed on certain professional positions. For the purposes of this solution, the role of a judge is analyzed more deeply in terms of how ethical standards should be formatted to match this profession.

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