Ethical Issues In Criminal Defense Essay
Article Review 3
The Ethical Obligations of the Criminal Prosecutor
The Criminal Prosecutor has an extremely important role in the Criminal Justice system. Not only are they responsible for protecting the innocent, they also have duties and obligations towards the defendant as well. The Criminal Prosecutor has a duty to represent the community he or she is elected in, while the community demands that the individual protects the interests of the community, the criminal prosecutor has to defend the constitutional rights of the defendant. He or she also has to pursue the search for justice in a proper and fair manner. This article focuses on the ethics surrounding the criminal prosecutor and the role that the prosecutor plays in each …show more content…
The three phases that the prosecutor is involved in are the pre-trial phase this includes, investigation, arrest, charging and arraignment; the trial stage which includes the fair search for guilt or innocence; and the post trial phase which includes sentencing, appeals and parole. Most individuals may not be aware but the prosecutor is involved in the investigation of crimes committed under their jurisdiction. More often than not their role begins at the crime scene. The criminal prosecutor has roles and obligations different than any other …show more content…
Evidence must be viewed with the following question in mind. Is there enough evidence to get a conviction? Cases must also be proved beyond a reasonable doubt. Is it more likely than not that the accused committed the crimes they are being charged with?
Last but certainly not least is the issue of Exculpatory Evidence, this obligation is extremely important. The rule of Exculpatory Evidence is simple. The rule asks “Is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt”? If a Criminal Prosecutor comes across exculpatory evidence he or she must turn it over to the defendant before the trial, even if the evidence will bring about an acquittal.
The ethical obligations of a prosecuting attorney
The Ethical Obligations of the Criminal Prosecutor
The Criminal Prosecutor has an extremely important role in the Criminal Justice system. Not only are they responsible for protecting the innocent, they also have duties and obligations towards the defendant as well. The Criminal Prosecutor has a duty to represent the community he or she is elected in, while the community demands that the individual protects the interests of the community, the criminal prosecutor has to defend the constitutional rights of the defendant. He or she also has to pursue the search for justice in a proper and fair manner. This article focuses on the ethics surrounding the criminal prosecutor and the role that the prosecutor plays in each …show more content…
The three phases that the prosecutor is involved in are the pre-trial phase this includes, investigation, arrest, charging and arraignment; the trial stage which includes the fair search for guilt or innocence; and the post trial phase which includes sentencing, appeals and parole. Most individuals may not be aware but the prosecutor is involved in the investigation of crimes committed under their jurisdiction. More often than not their role begins at the crime scene. The criminal prosecutor has roles and obligations different than any other …show more content…
Evidence must be viewed with the following question in mind. Is there enough evidence to get a conviction? Cases must also be proved beyond a reasonable doubt. Is it more likely than not that the accused committed the crimes they are being charged with?
Last but certainly not least is the issue of Exculpatory Evidence, this obligation is extremely important. The rule of Exculpatory Evidence is simple. The rule asks “Is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt”? If a Criminal Prosecutor comes across exculpatory evidence he or she must turn it over to the defendant before the trial, even if the evidence will bring about an acquittal.
The ethical obligations of a prosecuting attorney