Cjus Ethics Exam 2

Legal advocate

no moral contribution

moral agent morality is sometimes subjective

morality differs between individuals

hired gun role

legal advocate

guru godfather

lawyer tells client what should be done

client-centered/friend

persuades client not to engage in unethical practices

common ethical dilemma for defense attorneys

committing perjury

defense attournys’ job

represent client and protect legal rights

prosecutors’ job

represents the state/ federal government and finding out truth, seeking justice

how are prosecutors selected

most are elected, assistant prosecutors are hired

powers of prosecutors 

decide when case goes to trial 

Nonfeasance

NOT performing one’s duty

Misfeasance

making MIStakes

Malfeasance

intentional wrongdoing 

7 recurring ethical problems in CJ prosecution

1. wrongful pursuit of personal gain

2. favoritism/bias

3. abuse of power

4. denial of due process

5. deceitfulness

6. neglect of duty

7. flawed personal life

Why prosecutors refuse to curb misconduct 

to win cases

deontoligical view of punishment

duty to punish those who violate the law

utilitarian view of punishment

punishment should provide societal benefit; protecting the public and discouraging offenders

false positive

offender predicted to be dangerous, when not

false negative

offender predicted not to be dangerous, but is

lex talionis 

“eye for an eye” 

purposes of punishment

deterrence, incapaciation, rehabilitation, and retribution

determinate sentencing

exact sentence, no discretion by judge, no other factors

indeterminate sentencing

judge has discretion, range is much wider

Scared Straight

program that took troubled kids and had them interact with inmates, imapct didn’t last

Death Penalty Rationale

deterence and incapacitation

Peacemaking perspective on Death sentence 

does execution continue the cycle of human suffering

utilitarian view of capital punishment

considers the consequences

deontological view of capital punishment

consideres whenther other punishments can be sufficient

cost of execution v. LWOP

varies, so many factors