Partially Completed Assignment Needs Your Finess (needs 2 more pages to complete)
I have an assignment that is only 1/2 done, it needs expanding of information on each of the paragraphs and a few other odds and ends. You can start over if you like or use what I already have and add to it.SAFEASSIGN WILL BE USED TO CHECK FOR ORIGINALITY
I have attached the partial assignment please use the same format for the title page and references page.
Here are the instructions for the assignment:
Research a case on public defenders and address the following areas:
Explain the role of those involved with the case, including the judge and jury.
Discuss any expert witnesses and the implications of this evidence (if expert witness evidence was not used, explain whether the case would have benefited from witness evidence).
Based on what you learned through this course and through this case, do you believe expert witnesses should be held liable for inaccurate information while testifying? Why, or why not?
Identify the ethical issues surrounding the case and court proceedings.
Discuss the verdict as well as the sentencing phase, including any appeals.
Based on what you learned through this course and through this case, at what stage should criminal appeals should be permitted?
What cases should allow appeals?
Do you feel appeals benefit our legal system? Why, or why not?
Examine laws that impacted the case, such as laws dealing with prison time or the way defendants are charged.
The assignment should be a minimum of four pages in length, excluding the title and reference page. You are required to use a minimum of three outside sources, All sources used, including the textbook, must be cited and referenced according to APA 7th edition standards.
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Public Defendants Ethical Issues
Richard Munson
Columbia Southern University
MCJ 6257-17G-1A21-S1, Criminal Courts and Professional Ethics
Dr. Charles Kelly
August 11, 2020
Public Defendants Ethical Issues
In the 1963 momentous decision of Gideon v. Wainwrights, the highest court of America construed the laws of the land and ruled that the right to be defended by qualified and efficient attorneys is an ultimate and crucial requirement to the impartial criminal justice system. The Supreme Court stated, “Based on our adversary structure of criminal justice, any individual presented in court and who lack the financial capacity to hire a barrister cannot be guaranteed a just trial, except represented by a competent lawyer. As a result of this ruling public defenders were instituted by the federal government to represent individuals who cannot afford the heft costs associated with court trials (Rapping, 2020).
Public defenders play several roles in the court process today. The functions of public defenders include representation of indigent defendants in court trials, provision of legal aid, consultation and advice to clients, preparation of a defense, undertaking legal research, gathering evidence, and interviewing the client and the witnesses, etc. In summary, public defenders’ roles fall into four categories: out of court representation, In-court presentation, and post-trail and client relationships (Primus, 2017).
The public defenders are faced with several ethical issues that arise from the excess workload and the refusal to take on more cases, repeated cases, and use of social media. Representation of one of two co-defendants by public defendant also raises legal, ethical issues. When public defendants are presented with the excess workload, they risk neglecting clients while on the hand; they are required to obtain permission before rejecting additional cases (Gross, 2017).
The topic will focus on ethical dilemmas arising from excessive workload i.e., the ethical challenges public prosecutor faces by taking on too many cases and their refusal to take on the excessive workload. The ruling by Missouri Supreme court judge in 2017 will be taken into consideration while addressing ethical issues faced by public defenders. In his judgment, the Missouri Supreme Court judge punished a public defender for taking on excessive workload, arguing that the attorney risked client neglect but later stated that the public defender must request permission before declining additional caseloads. The topic will also address the ethical issues that arise when public defenders advise their clients on social media platforms like Twitter and Facebook (Smith, 2019).
Many poor citizens of America who are convicted of crimes they committed or didnt commit lack the financial capability to hire a lawyer who can represent them before the court of the law. In several occasions, we are presented with institutional issues of prosecutorial misdemeanors, and many prosecutors are more focused on securing a guilty verdict. The decision by the federal government to institute public defenders to represent indigent defendants in a court of law is one of the most significant milestones in the judicial system.
However, one thing that interests me about the topic is how public defendants can shut out the ethical consideration to free a guilty person when they know very well that the accused is guilty. On numerous occasions, there is no obstacle preventing individuals from representing themselves, especially when the lawyer knows beyond a doubt that the accused is guilty of the charges. Ethical implications emanating from the decision of public defenders on whether to represent indigent defendants in the court of law is the most exciting part of this topic.
References
Gross, J. P. (2017). Case Refusal: A Right for the Public Defender but Not a Remedy for the Defendant. Wash. UL Rev., 95, 253.
Primus, E. B. (2017). Defense counsel and public defense. Defense Counsel and Public Defense, in Academy for Justice, A Report on Scholarship and Criminal Justice Reform (Erik Luna ed., 2017 Forthcoming).
Rapping, J. (2020). Gideon’s Promise: A Public Defender Movement to Transform Criminal Justice. Beacon Press.
Smith Futrell, N. (2019). Please Tweet Responsibly: The Social and Professional Ethics of Public Defenders Using Client Information in Social Media Advocacy. NACDL, The Champion, December 12.
