The paper is a description of what role ethics and morals play in the life of a Defense Attorney. While having to support his client a defense Attorney more often than not would have to prove the prosecution’s witness to be fake. The paper deals with the techniques that are followed by an Attorney to protect his client and it gives us an idea of the numerous strategies that he would have to adopt to prove his client in the right. Further, the paper is also a discussion upon facts as to whether an Attorney can purposely cross question a witness, and mislead the court just to prove his client not guilty. Here the main purpose of the argument starts with the fact whether a defense attorney is ethically right when he decides to purposely cross-examine the prosecutor’s witness just to mislead the court, when he knows that the witness is saying the truth, and does so only to discredit his answers. From time immemorial lawyers have been condemned and thought of as conniving people. As early as the biblical times writers have been condemning lawyers. The great satirist, Jonathan Swift had in his book Gulliver’s Travels in 1726 stated that there was a society of men among us, bred up from their youth in the art of proving by words multiplied for the purpose that white is black and black is white, according as they are paid. To this society all rest of the people is slaves. It can be stated that the real reason to conduct “Cross Examination” is to find answers to questions of fact.
Did you know that at present, there is only one lawyer for every 247 Americans in the Unites States? A lawyer is “a person trained in the legal profession who acts for and advises clients or pleads in court” (Webster’s Dictionary and Thesaurus). According to about careers, there are many different types of lawyers, among the top five highest paying legal professionals around the globe are trial lawyers. The first lawyers, also known as the “Gilded Lawyers” arranged the United Auto Workers (UAW) and the Congress of Industrial Organizations (CIO) in the early 1930s (“National Lawyers Guild). The actions the Gilded Lawyers made gave them useful experience for defending the rights given to us by the First Amendment and suffused the work of the business in later years. Today, trial lawyers must meet specific job requirements and qualifications such as working under stressful conditions for long periods of time, making a profitable salary, and keeping up with the ever changing future needs for the career.
Bok analyzes the effects that lying has upon the society and individuals. In chapter XI, which deals most directly with lawyers, she sited the code of professional responsibility in support of this statement, “in the adversary system of justice,” truth is held to be more likely to emerges as a result of the contest between opposing forces is the accused is both defended and prosecuted “zealously with the bounds of the law.” In other words, Bok shows the social practice of truth telling to have great value both generally and personally when dealing with clients, when you are a lawyer.
Ethical Dilemmas are a pressing issue within any law enforcement or law agency the power that people have in positions such as these force them to share an equal or greater amount of reasonability. Ethics is defined as “the branch of philosophy that typically deals with values relating to human conduct with respect to the rightness and wrongness of certain actions and to the goodness and badness of the motives and ends of such actions”. This definition of ethics courtesy of Webster dictionary shows just how complex the intricacies of ethics are and how major dilemmas might negatively impact departments for instances lawyers are plagued with ethical dilemmas on a day to day basis such as Lawyer advocacy, conflict of interest, Professional
The Commonwealth of Virginia v. Allen (609 S.E.2d 4, Va. 2005) was a fascinating case. The case focused on two expert witness testifying for the state and the other for the defendant, and if they acted and behaved ethically during the proceedings. Successive information will be addressed to prove the thought process behind my opinion given in this case. The APA code of ethics and specialty guidelines will be used to support my reasoning. Furthermore, they will serve as a baseline of boundaries within the profession to determine the expert witness’ influences to the case as well as their behavior within the profession.
A criminal defense attorney is a lawyer that is specialized in the defense of those who are charged with criminal conduct. Defense attorneys deal with the surrounding issues of an arrest of their clients, and the substantive issues of a crime that he or she is charged. In the United States, each individual who is brought to trail is eligible for a defense attorney, according to the sixth amendment. If an individual cannot afford an attorney, one is a pointed by the courts; these individuals are called public defenders who are employed by the government. The duties of a defense attorney, is to advocate and advice. In order, for the defense attorney to work effectively, the defendant must supply all the facts and information surrounding the case. Moreover, the defendant is protected by attorney- client privilege. Thus, any exchange information concerning the case is private and protected under the law. The criminal defense attorney role is to assist the courts with the truth-seeking process by presentation an oral argument in favor of defendant innocence. The average case calls to “advocate with courage and devotion and to render effective, quality representation” (Flower, Page 650, paragraph one). The misconceptions of a defense attorney are that she or he performs duties begrudgingly whether or not the attorney believes in the innocents of the client. The writer considers the availability of an exchange of
The relationship among ethics and professional behavior in the direction of criminal justice is one, which is very vital. The point of the matter is that these individuals who are in places of power entails that he or she must equalize a balanced of business professionalism in accordance with the laws alongside a code of ethics that live inside and for the law along with their individual private morals and ethics. Numerous could dispute the battle among the ethics of a lawyer on behalf of somebody that they know to be guilty and they would have a usable disagreement in regard to what way ethical it is. A lawyer has the decision to not defend an individual if they feel so motivated to do so. Still, in this state one has rules in one’s laws that
These crimes have been deemed particularly dangerous to society because they compromise the health, well being, privacy and protection of the people of any given jurisdiction. When these crimes are committed or a person or group is accused of such acts, legal representation is the next logical step to preserve the institution of justice, protect innocent parties, and prevent the innocent among the accused from prosecution. This is why it is important to find the right lawyer. Criminal defense in the form of an experienced attorney is critical to aligning evidence, witnesses, and countering the prosecutions arguments for the sake of their client's defense, case dismissal, acquittal, lessened sentencing or rehabilitation.
A number of weaknesses have been identified in the prosecutor’s method of cross-examining the witness, Mr. Aaron Smith. It is important to understand that effective communication is a two-way exchange of information from both subjects.
In continuing with this paper, it will examine a scenario of what are certain methods that a defense attorney can obtain in order to assist his or her client from successfully being prosecuted on murder. There are homicide cases on a daily basis in which attorneys
The purpose of the article investigate how jailhouse informant testimony leads to wrongful convictions by exploring several cases of people who were exonerated of crimes that they were convicted of at least in part by jailhouse informant testimony. This is important to the fields of law and psychology because jailhouse informant testimony is often presented as the primary evidences or the most important evidence in a trial.
According to findlaw.com, “legal ethics is a term used to describe a code of conduct governing proper professional behavior, which establishes the nature of obligation owed to individuals and to society”. When practicing law attorneys must comply with the rules of professional conduct. These rules were endorsed by the American Bar Association in 1983. In the United States all have accepted these rules except California. Although they did not accept the American Bar Association’s rules they follow a set of their own that are similar, varying with format.
As an attorney it is his or her job to make sure the client is at ease and their privacy is being protected. The legal profession has many components in order to be a successful attorney. As attorneys there are ethical dilemmas that correspond with being an attorney. These dilemmas include conflicts of interest, staff-management, attorney-client advocacy, and professional responsibility. The main ethical issue with attorneys is the Matter of Integrity. These attorneys are trusted with personal information, and as the attorney it is his or her job to maintain that trust. When a client comes in and asks for help, the utmost privacy should be given. The choices that these attorneys make should be solely based on what is best for the client and their integrity is not diminished in any way. Utilitarianism is the best philosophical approach to combat the ethical dilemmas those in the legal profession would face. The idea of “the greater good mentality” is in the legal profession, there comes many choices to be made in regards to the client.
Many debates have arisen over which ethical theory is the most consistent with lawyer’s professional responsibilities. There are varying approaches from the narrow, liberal theory of the hired gun putting the clients autonomy as the fundamental responsibility of the lawyer, to a more relax position putting the lawyer as a councillor, to the other extreme of paternalism. This paper will address ……
When discussing law, one other topic that goes directly with it, is ethics. What is ethics? Ethics can be defined as “a systematic attempt, through the use of reason, to make sense of our individual and social moral experiences, in such a way as to determine the rules that ought to govern human conduct and values are worth pursuing in life.” Business ethics is a subset of ethics and there are no differences between the two, immoral acts are immoral, no matter who committed them. Personal morals and ethics vary greatly and there are many different ethical theories such as deontology utilitarianism, ethical egoism, and more. These different theories have different views on what is considered moral (right) and immoral (wrong).
Ethics refer to “the principles, standard and norms of conducts governing individual and firm behavior” (Peng & Meyer 2011, p82). These principles entail that both individual and firms are to take full accountability of their behaviors and to conform to established principles and values (Thorne, Ferrell & Ferell 2008, p167). This definition will probably raise the concern if there is any distinction between ethics and the law.