CJA 324 Week 3 Learning Team Assignment Ethics Issue Presentation CJA 324 Week 3 Learning Team Assignment Ethics Iss | Page 2

o Defense attorney ethics: Unlike most of the other participants in the criminal justice system,
defense attorneys often are accused of unethical behavior simply for agreeing to represent an
accused individual or for winning a trial. On the other hand, when they neglect their duties and
a criminal defendant is wrongfully convicted or receives a harsher sentence than typical, the
public is quick to look the other direction. Research the role and duties of the criminal defense
attorney, and summarize the following:
· Is it ethical for a criminal defense attorney to represent a person believed to be guilty?
Explain.
· Is it ethical for a public defender to refuse to represent a person believed to be guilty?
Explain.
· What are the obligations of a criminal defense attorney when the defendant wishes to testify
and the defense attorney believes them to be guilty of the offense?
· What are some examples of instances where criminal defense attorneys neglected their
ethical responsibilities and a defendant was wrongfully convicted or received a harsher
sentence as result?
o Prosecution ethics: It is the duty of the prosecutor to seek justice and not necessarily a
conviction. Does the adversarial system of justice interfere with this duty? Research the role
and duties of a criminal prosecutor and summarize the following:
· Is it ethical for a prosecutor to file criminal charges when they do not have sufficient evidence
of guilt, but they believe the individual is guilty? Explain.
· What considerations might legitimately factor into a decision to charge an individual with a
crime? What considerations should be excluded from this exercise of discretion?
· How does plea bargaining in federal court help to cover up abuses in the system?
· Should the prosecutor be required to help the defendant by providing potentially exonerating
evidence in its possession or evidence that might assist the defendant in an affirmative defense
or sentence reduction? Explain your answer.
· What are some examples of prosecutorial misconduct? Do the ends justify the means in the
examples provided?
o Correction ethics:Correctional officers are often referred to as the other inmates, because as
the officers are in the facility working, they may begin to feel like they are inmates just like the
convicts. Research the role, duties, and subculture of correctional officers, and summarize the
following: