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Ethics and Justice in Criminal Law - Essay Example

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Ethics and Justice in Criminal Law College Ethical Issues in Plea Bargaining Plea bargaining refers to that charges have been placed on Shantel for being in possession of drugs, something that is not true. It is socially unethical of the courts to mete charges on Shantel who has reformed from the use of drugs…
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Ethics and Justice in Criminal Law
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Download file to see previous pages Shantel should ethically not plead guilty to a crime she did not commit (Siegel & Worrall, 2011). This is however difficult given her past records of criminal offenses. In addition, her evidence may not be considered strong enough given she was staying together with a boyfriend who was a drug addict. Shantel is not the only one with such scenarios; fact bargaining, sentence bargaining and charge bargaining are also commonly used. For example, an individual who has been unrightfully charged for first degree murder may plead that the case be reduced to a man slaughter against the backdrop of the reigning laws and rules. Plea bargaining has been challenged for its using the game theory to analyze and decide on a plea bargaining process (Siegel & Worrall, 2011). In addition, crime victims do not have the ability to influence plea agreements. Defense Attorneys and the Ethics of Death Row Volunteering This presents both legal and ethical dilemmas in that I, as the defense attorney, am charged with protecting the client’s interests and negotiating between my own personal values and the client’s wishes as pertains to the execution. This hence needs a balance between my personal values and professional standing. ...
This in mentioning would mean revisiting past cases that turned out well. If Smith accepts another appeal, I could raise an appeal on the intensity of the punishment that has been raised against Smith and review the past evidences at length. Capital punishment is a great human rights violation since everyone has a right to life. Secondly, retribution results in massive killings of each other since it applies the eye for eye rule and lastly the proportionality of capital punishment has raised legal issues. In most cases, the punishment is not proportional to the offense that has been committed and hence needs a thorough evaluation of the intensity of the wrong that has been committed. I would hence appeal that if Smith be given a sentence, then it should be proportional to the offense that Smith has committed. Justice for All Justice ought to apply to all American citizens irrespective of age, social status and race. Marriott is already under probation for misbehavior and has a curfew of 11p.m. She has not finished the period yet has been found with another mistake which is even grosser; drunken driving past the curfews on the probation order. As the appellate judge, on the basis of the law, Marriott should serve her jail term. The final decision on Marriott’s case lies with the courts and not with the sheriffs. It is hence unlawful for the Sherriff to lift charges that have been placed on a citizen unless she/he challenges the verdict through a lawyer. Marriott’s due process rights have not been infringed into, because the law is clear on actions that are taken against individuals who deliberately break the law even after being served with a probation order. ...Download file to see next pages Read More
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