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1. What is the source for the definition of right or wrong behavior for attorneys?
1. What is the source for the definition of right or wrong behavior for attorneys?
The source of right or wrong attorneys' behavior is speculated in the Attorney Misconduct Legal Definition document.
2. Explain the difference between the ethical obligations of a defense attorney and the ethical obligations of a prosecutor. Explain how these different roles may affect their responsibilities in a criminal trial.
The ethical obligation of the defense attorney is to ensure a just representation of the interests of a defendant balanced by the obligation of acting in a professional ethical manner mainly to avoid misinterpretation of law facts in the court.
The prosecutor herein has the overall obligation of considering all ethical matters in court proceedings so as a just ruling and decision is made.
The different roles positively affect their responsibility this is because all are aimed at bringing justice into order.
3. What is attorney-client privilege? What justifications are used for its existence?
The attorney-client privilege is that privilege of the client existing in the jurisprudence of Anglo-America. This existence is supported or evidenced by the reign of Queen Elizabeth in England during the 16th century, which has taken root until now.
4. Explain the term nolle prosequi, and give an example when a prosecutor should, in an ethical sense, nolle prosequi a criminal case.
Nolle prosequi- simply means a legal notice entailing abandonment by the plaintiff of the whole or part of the suit, it is also a dismissal/termination of the formal court proceedings by the Attorney General.
Example- Jack was arrested and charged with burglary after the investigation uncovered a witness placing his car on the same block where the crime occurred, during the same time period. The charges were filed based on the witness' statement, as well as several items of circumstantial evidence. A few days before the trial was to start, the prosecutor learns that the witness not only has a substantial criminal history, but has a personal grudge and reason to want to harm Jack's reputation.
5. Explain the concept of "discovery" and why our system of justice imposes an obligation on a prosecutor to reveal all of his evidence to the defense before trial.
Discovery refers to the pre-trial process in the lawsuit where every party by following the civil law process, obtains exhibit/evidence from the opponent party using discovery devices lie interrogatories and production request. This is key and entails the prosecutor revealing all the evidence so as a just ruling is upheld or passed.
6. Explain how "the desire to win" can lead a prosecutor to pursue a case that should be dropped.
The desire to win pursues a prosecutor to continue with a case which ought to be dropped, in a way that the prosecutor has gained enough evidence and has forecasted the benefits after the final ruling.
7. Plea bargaining is a crucial tool in the efficient conduct of criminal prosecutions, but it is a tool of the prosecutor that easily can be abused. Under what ethical circumstances would a plea bargain be in the best interests of justice?
In plea bargaining the defendant would always plea for less sentence or drop of the charges from the prosecutor, this can be in the same way considered depending on the circumstances of the defendant that lead to a crime, the general background, the mental capacity among other reasonable situations.
8. Discuss Bennett Gershman's seven reasons for why prosecutors will misbehave and the circumstances in which such misconduct often will occur.
Bennett Gershman claims that prosecutors may misbehave due to claims that the misbehavior culture began long time ago and they found it there, lack of proper treatment to the prosecutors by their commissions, it is a strategy of winning cases hence their increased misconduct, misconduct promotes case intuition, so as more incentives can be given to them, it is a legal right and finally they misbehave to test the strength and ability of the court to move on without prosecutors.
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