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Defense and prosecutor

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1. Prosecutors are typically an elected official. How can a prosecutor use his or her conviction record to help gain re-election? Is the information an exact picture of the cases handled by the prosecutor?

2. What do you believe is the most challenging aspect of the prosecutor's role? Please explain.

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The first thing is to get the statement of Mr. Begood. This is important, so the attorney can decide the best way to proceed. Without knowing what happened according to the accused, Mr. B., then how can the attorney know best how to proceed? After getting the statement, the attorney then looks at the evidence the prosecutor has as well as any information gather by police. This is the only way to know what Mr. B is actually accused of and if there is any evidence that the attorney needs him to clarify. The statement given says the state does not have much in the way of hard evidence, so what kind do they have? How much of it is admissible in court. Does any of the evidence need to be brought into question for the court?

Only after gaining this information can the attorney decide what is needed to further pursue the case. There is another question as well. Does the accused wish to be defended or is it his choice to find a suitable plea bargain? Another issue at hand is the public impression of the case, which should be changed. The public contains the potential jury pool in a case and when media put out unfair or misleading and inflammatory information, the pool is easily tainted. The misrepresentations become facts in the minds of the listening public. With limited resources to work with, the attorney might want to plan a statement to be delivered to the public or one particular media representatives with information that can correct misleading information and move the case into territory that is more neutral. Letting the public know of any discrepancies in the claims of the prosecution and the accused can also be good, though care that the two statements are essentially true is important.

Any threatening calls should be turned over to the police ...

Solution Summary

Discussions on how to proceed if a defense attorney and the challenges and job of a prosecutor, based on the questions in the assignment.

See Also This Related BrainMass Solution

Role of Legal Professionals

Legal professionals in the criminal justice system, such as attorneys and judges, play a critical role in the criminal justice process and as such must operate within an established ethical framework. Let's take a look at the following scenarios:
•You are a defense attorney who once worked for the prosecutor's office. After law school your career plan was to work for the prosecutor's office for ten years and then open your own private practice specializing in criminal defense. Would this pose an ethical dilemma and affect your decision-making ability while working for the prosecution? Would this pose an ethical dilemma and affect your decision-making ability while working as a defense attorney? Why? Could working in the prosecutor's office help you later as a defense counsel? Why? Explain your answers.
•The prosecutor discovers during depositions that the eyewitness' line of sight was not actually sufficient for the witness to see the crime clearly. What are the prosecutor's ethical dilemmas/responsibilities? What is more important: justice or a conviction? What if the defendant is a very bad person and the greater good is best served if he is convicted?

After the jury was selected, you were able to persuade your client that the plea bargain offered by the prosecutor would be in his best interest and in the interest of the criminal justice system. A trial would take unnecessary resources and the incarceration of your client would not benefit him or the system. Based on this information answer the following questions:
•Is it ethical for prosecutors and attorneys to strike these types of deals? Why? Can your position be supported by applying the Ethics of Egoism?
•The judge that you were scheduled to try your case before was recently re-elected thanks to large campaign contributions from influential supporters. Can this judge be objective?
•How would you resolve situations in which personal ethics differ from professional ethics?
•What section of the ABA Professional Code of Conduct for attorneys governs situations of this type?

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