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    Role of Legal Professionals

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    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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    https://brainmass.com/law/criminal-law-and-justice/role-legal-professionals-618742

    Solution Preview

    •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.

    This would not pose an ethical dilemma because many lawyers begin their career as prosecutors but eventually chose to end their career as prosecutors. In reference to the law, whether a person is working as a lawyer or a prosecutor, it is imperative to adhere to a strict observance of legal codes and ethics. Therefore, the same ethics that apply in the legal profession for prosecutors also apply for lawyers, and switching the position from one to the other doesn't change any requirements for adhering to the highest ethical standards. Therefore, while working as a lawyer in the prosecution office, which I could not imagine what context a lawyer who is a defense attorney would serve for the prosecution, but while working for any part of the legal system, the person must ensure that they adhere to the tenets of justice, equality, and legality. Therefore, if a person is not unethical and adheres to the law, there will be no ethical dilemma that exists.

    Working as a prosecutor or working in the prosecutor's office will have benefits for a future defense attorney in the sense that the relationships that have been cultivated with prosecutors will allow for better plea deals for the defense attorney's future clients. Unfortunately, the justice system isn't ran by ethical people, and a system of patronage does exist wherein if someone has previous ...

    Solution Summary

    The role of legal professionals are examined in the justice systems.

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