Ethics in the CJUS system - Exam 2

Legal Advocate

No individual contribution of morality by the lawyer; strictly makes decisions based on law

Moral agent

The inclusion of personal views of morality by the lawyer into their activities for the client

Hired gun role

legal advocate

Guru-Godfather role

Tells client what should be done

Client-centered/friend role

Persuade client not to engage in unethical practices

Common ethical dilemma for defense attorneys

Client committing perjury (testilying)

Defense attorney’s job

Represent the client by protecting their rights

Prosecutors job

Ensure justice

How prosecutors are selected

Federally they’re appointed, most are elected

Powers of prosecutor (5)

1. Decide whether a case goes to trial

2. Decide what charges will be filed

3. Decide what evidence and witnesses will be presented

4. Decide when a case goes to trial

5. Negotiate plea deals

Nonfeasance

failure to preform, didn’t do their job

Misfeasance

an unintentional error made during the job

Malfeassance

an intentional error made during the job

7 recurring ethical problems in CJ prosecution

1. Wrongful pursuit of personal gain

2. Favoritism and bias

3. Abuse of power

4. Denial of due process

5. Deceitfulness

6. Neglect of duties

7. Flawed personal life

Why do prosecutors refuse to curb misconduct?

to win a case

Deontological view of punishment

It is our moral obligation to punish those who violate the law

Utilitarian view of punishment

Punishment should provide societal benefits

False positive

offender who does not pose risk is predicted to be dangerous

False negative

offender was incorrectly predicted to be safe and later committed crimes

Define lex talionis

“An eye for an eye” - the law of retaliation

Purposes of punishment (4)

Deterrence, Rehabilitation, Incapacitation, Retribution

Determinate sentencing

Fixed sentence

Indeterminate sentencing

“Scared Straight”

Death penalty rationale

Peacemaking perspective on death sentence

Utilitarian view of capital punishment

Deontological view on capital punishment

Cost of execution vs. Life without parole (LWOP)