Replies: To Boundaries of Advocacy

Write a personal reply to each thread in the attachment Class: Judicial Process Topic: Prosecutor v. Defense Attorney – Boundaries of Advocacy Replies: Evaluate how one classmate’s view on the choices by the prosecutor and defense attorney might affect the search for justice in the future. For example, if the prosecutor’s/defense attorney’s actions are acceptable to your classmate, what could that mean in cases next year? ***************Replies to one classmate regarding the prosecutor question and a different (another) classmate for the defense attorney’s decision***************** Details concerning layout and references: All writing and references must be APA style Integration of biblical principles – One Bible reference is required Thread requires 200 words for each reply Here are the Textbooks for one of your references (three references required): Neubauer, D. W., & Fradella, H. F. (2018). America’s courts and the criminal justice system (13th ed.). Belmont, CA: Cengage.

Write a personal reply to each thread in the attachment

Class: Judicial Process

Topic: Prosecutor v. Defense Attorney – Boundaries of Advocacy
Replies: Evaluate how one classmate’s view on the choices by the prosecutor and defense attorney might affect the search for justice in the future. For example, if the prosecutor’s/defense attorney’s actions are acceptable to your classmate, what could that mean in cases next year?
***************Replies to one classmate regarding the prosecutor question and a different (another) classmate for the defense attorney’s decision*****************

Details concerning layout and references:

All writing and references must be APA style

Integration of biblical principles – One Bible reference is required

Thread requires 200 words for each reply

Here are the Textbooks for one of your references (three references required):

Neubauer, D. W., & Fradella, H. F. (2018). America’s courts and the criminal justice system (13th ed.). Belmont, CA: Cengage.

Grading Criteria:

Replies:
Content and Research Engagement 18 to 20 points:
• At least 2 unique replies are present
• Moves discussion forward, identifies new issues, and brings clarity to issues being discussed.
• Every major point, in each reply, is supported by at least one scholarly criminal justice source published within the last 10 years.
• Relates every major point to scriptural/biblical principles through use of one or more relevant biblical citation.
Structure (30%) Advanced
90-100%
Composition, APA Formatting 11.25 to 12.5 points:
• Spelling and grammar are correct. Sentences are complete, clear, and concise.
• Sources cited in-text are free of current APA citation errors.
• All sources are provided in a Reference section at the end of thread in current APA format.
Word Count 9 to 10 points:
At least 2 unique replies are present, and a relevant minimum word count of 200 words is met for each post.

The two threads:

Courtneys’ Thread (pick regarding the prosecutor question or defense attorney decision)
***************Replies to one classmate regarding the prosecutor question and a different (another) classmate for the defense attorney’s decision*****************

“Do your best to present yourself to God as one approved, a worker who does not need to be ashamed and who correctly handles the word of truth” (2 Timothy 2:15). Throughout a prosecutor’s career, he or she will be presented with persuasive evidence that could convict or exonerate a defendant. It is the job of the prosecutor to ensure that evidence is used accurately to prove guilt or innocence. (Lippke, 2014) The textbook states “prosecutors are supposed to play by the rules. They are supposed to be tough, but fair” (Neubauer & Fradella, 2017). Prosecutors have a duty to the courts, judges, defense counsel, the defendant, victim and the community. Commitment to the fidelity of due process “means that prosecutors must be prepared to champion fair procedures for determining guilt or the lack of it” (Lippke, 2014). Misconduct by the prosecutor in the case of withholding or destroying evidence is ethically wrong. Proverbs 21:3 states, “To do what is right and just is more acceptable to the Lord than sacrifice”.
George D. Watrous, author of “The Moral Right to Defend the Guilty”, writes “that no lawyer can be an honest man or no honest man can become a lawyer” (Watrous, 1892). Defense attorneys are officers of the court who are charged with upholding the integrity of the criminal justice system and the courts. They have two ethical responsibilities which are to arrive at the truth and to safeguard their client’s rights. (Liebman, 2016) Sometimes these responsibilities conflict and therefore they must remain ethical in each decision they make. Defense lawyers must remember their goal is to serve as advocates for their clients and pursue the most favorable outcome regardless of innocence or guilt. “The ethical defense attorney demonstrates undivided loyalty to their client and strives to achieve their client goals to the fullest possible extent” (Liebman, 2016).
Prosecutors and defense attorneys have a large amount of control over the outcome of court cases. The way they prepare and present a case can change a person’s life forever. They must choose each time they enter a courtroom. They can be either respected and admired or they can be mistrusted and disliked. One principal goal of the criminal process is to arrive at the truth. Misconduct by the prosecutor or defense attorney can cause harm to all those involved. John 8:32 states, “and you will know the truth, and the truth will set you free.”
Works Cited
Liebman, J. (2016). Discount Ethical Advocacy?: False Defenses in Criminal Court. Fordham Law Review.
Lippke, R. (2014). The Prosecutor and the Presumption of Innocence. Criminal Law and Philosophy, 8(2), 337-5352.
Neubauer, D., & Fradella, H. (2017). America’s Courts and The Criminal Justice System. Boston, MA: Cengage.
Watrous, G. (1892). The Moral Right to Defend the Guilty. Yale Law Journal.

Thread (pick regarding the prosecutor question or defense attorney decision)
***************Replies to one classmate regarding the prosecutor question and a different (another) classmate for the defense attorney’s decision*****************
William Hawkins
Hawkins- Forum 1
In chapter 6 of the textbook “America’s Court and The Criminal Justice System”, it states that, ” Prosecutors have a number of specific ethical obligations in addition to the overarching prosecutorial duty to seek justice, such as disclosing exculpatory evidence, avoiding conflicts of interest, and refraining from any behavior that would interfere with the fair administration of justice”(Neubauer, Fradella). If the prosecutor took the action of destroying evidence that could prove someone’s guilt upon himself, then this would be a behavior that would interfere with the administration of justice. As law enforcement officers, we try hard to present a good case to the prosecutor with all of our findings in the case. While we might confer with the prosecutor in regards to the sentencing that might take place, for the evidence to be destroyed by the prosecutor would be highly upsetting. This could lead to the public losing faith in the legal system that someone is not getting the justice that they might deserve, as well as, the police officers that they are charging someone without the proper evidence in the case.
Defense Attorney’s can be in an awkward situation sometimes; defending someone that they know is guilty of a crime. However, that is the job that they have taken on and they are required to defend them to the best of their abilities. If they are unable to defend someone for any reason, they should recuse their self from the case and let someone else defend the charged person. While we may not like or agree with the charges that are set forth against a person, they are innocent until proven guilty, and have a right to a defense. The Bible tells us in Amos 5:24, “but let justice roll on like a river, righteousness like a never-failing stream!”(NIV). Prosecutors and Defense Attorney’s have to take out their own personal beliefs in order to do their job’s to the best of their abilities in order for justice to truly be served.

Refrences:
Neubauer, David W. & Fradella, Henry F., America’s Courts and The Criminal Justice System, Thirteenth Edition, 2018, Cengage

William Thread (pick regarding the prosecutor question or defense attorney decision) (pick to opposite from above)
***************Replies to one classmate regarding the prosecutor question and a different (another) classmate for the defense attorney’s decision*****************
Top of Form
In chapter 6 of the textbook “America’s Court and The Criminal Justice System”, it states that, ” Prosecutors have a number of specific ethical obligations in addition to the overarching prosecutorial duty to seek justice, such as disclosing exculpatory evidence, avoiding conflicts of interest, and refraining from any behavior that would interfere with the fair administration of justice”(Neubauer, Fradella). If the prosecutor took the action of destroying evidence that could prove someone’s guilt upon himself, then this would be a behavior that would interfere with the administration of justice. As law enforcement officers, we try hard to present a good case to the prosecutor with all of our findings in the case. While we might confer with the prosecutor in regards to the sentencing that might take place, for the evidence to be destroyed by the prosecutor would be highly upsetting. This could lead to the public losing faith in the legal system that someone is not getting the justice that they might deserve, as well as, the police officers that they are charging someone without the proper evidence in the case.
Defense Attorney’s can be in an awkward situation sometimes; defending someone that they know is guilty of a crime. However, that is the job that they have taken on and they are required to defend them to the best of their abilities. If they are unable to defend someone for any reason, they should recuse their self from the case and let someone else defend the charged person. While we may not like or agree with the charges that are set forth against a person, they are innocent until proven guilty, and have a right to a defense. The Bible tells us in Amos 5:24, “but let justice roll on like a river, righteousness like a never-failing stream!”(NIV). Prosecutors and Defense Attorney’s have to take out their own personal beliefs in order to do their job’s to the best of their abilities in order for justice to truly be served.

Refrences:
Neubauer, David W. & Fradella, Henry F., America’s Courts and The Criminal Justice System, Thirteenth Edition, 2018, Cengage