Analysis Paper (Article) - Essay Example

28 May CONCEALING LAW PROFESSIONALS CONTINUE TO MAKE FALSE ACCUSATIONS This article is about the injustice that is currently being practiced by lawyers during trial as they try to conceal the material facts and evidence needed to acquit or convict the accused. The judge has reprimanded the lawyers for the improper decorum that they carried during the trial by throwing insults against each other. The chief prosecutor and district attorney are caught in a crossfire on whether or not there was a need to disclose the name of the next witness to take the witness stand.

There is an allegation of conspiracy between the lawyers to prevent the truth from coming out. Here, the jurors were instructed by the judge to enjoy their much awaited business trip and prepare for the next trial, while the two lawyers were summoned by the judge to clean-up their act and settle their issues while awaiting for the continuation of the trial. Thus, in the scenario presented by the author, it is clear that the chief prosecutor is remiss of his sworn duty when he tried to conceal the name of the next witness who is scheduled to give his testimony.

According to him, the government had only promised to provide names of the witnesses within one day prior to their testimony. He further added that this will prevent the ensuing of a debate and avoid another stupid argument. However, the district attorney tried his best to settle for a compromise. He manifested his intention to provide a written record of his protest of the manner such case was prosecuted as he claims that material evidence have been withheld in delay for a prolonged period of time.

The fact that the prosecution failed to provide the names of the witness shall make the cross-examination process less effective. I agree with the author at there are instances when the lawyers conceal material facts of the case including pieces of evidence which may be incriminating for the accused. In this article, the author has stated that the chief prosecutor claimed to be unable to provide the name of the next witness who shall be presented in the witness stand for the succeeding hearing.

In effect, this will be a disadvantage for the defense counsel because he will not be able to prepare and propound appropriate questions for the witness to help build-up the defense of his client. Here, the chief prosecutor has the obligation to abide by the duties mandated to him under the law. “The role of the prosecutor in the U.S. Criminal justice system has a broad discretion in the exercise of his responsibilities. Such discretion includes whether to initiate a criminal prosecution, deciding the nature and number of the criminal charges, and choosing whether to plea bargain a case and under what conditions.

Plea bargain is one of the major tools the prosecutor uses to control and influence the criminal justice system” (Siegel 440). It is the duty of the lawyers to carry-out equality and fair play in the criminal justice system. The foregoing situation only proves that there are flaws in the administration of the criminal justice system because of the manner the case was handled by the lawyers. On the other hand, the article was not presented in a neutral and balanced fashion as the author failed to provide a clear explanation of both sides of the story.

There was no clear-cut clarification as to why he concluded that there was concealment by the law professionals and why they are being charged for false accusations. To conclude, I agree with the author that it is a fact that there are some lawyers who conceal the true facts of the case and thwart material pieces of evidence to come out in order to protect their client. Sad to say, this has been blatantly practiced in any criminal justice system all over the world. The effect of false accusations shall cause an innocent accused to serve sentence for a crime he did not commit.

This happens when his lawyer fails to counter a strong defense to negate the false accusations and testimonies of witnesses for the complainant. The effect of a false accusation or concealment of evidence in some cases, produce innocent people to be adjudged guilty beyond reasonable doubt based on flimsy and capricious grounds. This is without a doubt a deterioration of the criminal justice system if even the lawyers who should work for justice and fair play are the same people who violate their sworn duty to their countrymen as innocent lives are at stake, in the eventuality that the death penalty is imposed.

Works Cited: Malingalasith. “Concealing Law Professionals Continue to Make False Accusations.” Go Articles.com (2010): Date Accessed May 30, 2011 . Siegel, Larry J. “Introduction to Criminal Justice”. CA,USA: Cengage Learning, 2010. Print.