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Professional Ethical Standards: Legal Defender

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Resources:
Web sites:
U.S. Department of Labor Occupational Outlook Handbook
http://www.bls.gov/oco/home.htm
Police and Law Enforcement
http://www.cailaw.org/ilea/ethicsaward.html
http://www.lib.jjay.cuny.edu/cje/html/codes/codes-usa-organizational/usaorganizational.
html
http://www.lib.jjay.cuny.edu/cje/html/codes.html#org
Legal
http://www.abanet.org/cpr/mrpc/mrpc_toc.html
Corrections
http://www.aca.org/pastpresentfuture/ethics.asp

Please assist with this so I can write the assignment:
* Research a career in criminal justice that interests you.
* Write a job description summary for the position, including what a "day in the life" might be like.
* Summarize the professional code of ethics for the career you chose.
* Discuss unique ethical standards for the profession, and identify at least two examples of potential ethical dilemmas specific to this line of work that the code of ethics is meant to discourage.

Thank You.

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https://brainmass.com/sociology/criminology-law-deviance-and-punishment/professional-ethical-standards-legal-defender-182725

Solution Preview

Dear Student,
This solution response is based on lawyering, specifically on working as an assistant prosecutor for an economic crimes unit. The individual depicted is real as you can see via the references. This is how I would answer this post according to the questions, it is entirely up to you however to adopt it according to your own views. I advise you to make this essay into your own by adapting it as you see fit. The lawyering profession is vast & full of specializations. Good luck!

OTA 105878
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Legal Defender

Being a lawyer is something a lot of people aspire but not many get to be, it takes endless years of studying requiring one to master the Constitution & the laws of the US. It also requires skills at argument and debate to carry a point across members of the jury in a courtroom, a skill that cannot be mastered in class alone. A lawyer or an attorney is one whom people seek the counsel of to navigate the intricacies of the law & like medical practitioners; lawyers have their own sense of specialization. Criminal lawyers argue criminal cases. Usually in the US criminal justice system, a legal defender is provided to criminals who cannot afford legal assistance on their own. A prosecutor in the US is a criminal lawyer responsible for presenting the case against an individual accused of a breaking the law in a criminal trial. Criminal Lawyers are just a genre of Trial lawyers. Trial lawyers are attorneys who argue cases in court whatever the dispute might be: economics, corporate, personal issues (cases related to divorce, like child custody, etc.).

I have always been interested in the legal profession, especially that part of their profession that allows them to practice advocacy. Their skills & education allows them affect the lives of many - victims, criminals, spectators & the general public. Skilled at writing legal documents the many who continue on to becoming political figures apply their skills at legislation. At the heart of it however, I see lawyering as a profession that is all about the practice of Justice. Knowledge of the law allows great lawyers to defend prosecute & enlighten - they make the constitution and the various American By-laws happen. True, there is much criticism against lawyers as at times; there will always be those who will cross the line at practicing their ...

Solution Summary

Legal defenders (lawyers, attorney, representation) follow a professional code of Ethics usually like the ones set by the American Bar Association. This solution provides a 'Day in the Life' look at the legal profession by providing a specific example of that of a real life assistant prosecuting attorney, in this case, of the State of Michigan. Aside from the mundane, it looks at the challenges he faces re: ethics & personal convictions & the choices he chooses to make as demanded by his role & influenced by his beliefs. Attached is a word format of the solution.

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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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