Assignment:
1. The duty of defense and prosecuting attorneys should be to seek the truth, but over time, this concept has become ambiguous. It seems that obtaining a win for either side has become more important than acquiring justice for all. The Michael Morton case changed the way prosecutors handle exculpatory evidence in Texas. In 2014, Texas lawmakers enacted the "Michael Morton Act" (Pollock, 2019, p. 287), which "mandates that all prosecutors in the state [of Texas] maintain an ‘open file' policy meaning defense attorneys should have access to everything prosecutors have unless there is some reason it should be secret" (Pollock, 2019, p. 287). Reviewthis video on the case of Michael Morton, and discuss the lack of accountability for prosecutorial misconduct and how it exacerbates this type of behavior. What type of laws or internal reprimands or consequences may help prevent this type of behavior?
2. Each state has specific rules governing the professional conduct for attorneys. When an attorney does not live up to their state's code of conduct, a disciplinary board will take action. The consequences of an attorney's misconduct may result in a simple warning or disbarment. However, if the lawyer's misconduct is illegal in nature, he or she can be prosecuted through a criminal court.
Using information from:
• While defending their client, a defense attorney has an ethical duty to abide by a code of conduct regarding their behavior, outlined by the state where he or she practices law.
• "Private investigator claims lawyer Jose Baez traded legal services for sex with Casey Anthony"
Apply this information to help answer the following:
Discuss how Jose Baez's actions violate an attorney's code of conduct and explain how it may be construed as criminal. If you were on the disciplinary board hearing Jose Baez's case, what disciplinary actions would you take? Support your answer.
3. According to Pollock (2019), "Patterns of corruption also seem to occur when there is a deficit of resources, including understaffing, deferred maintenance leading to decrepit facilities, and seeming lack of care and attention from the top management" (p. 401).
Using information from:
• Correctional facilities face misconduct and corruption as many other facets in the criminal justice system. If there is, one sexual abuse of inmates, there will be other forms of misconduct like smuggling or physical abuse
• "Years ago, I exposed horrors in Mississippi Prisons. Here's why I'm back at it"
Using this information, discuss how the lack of resources and operational decisions create a dangerous environment that contributes to correctional officer misconduct and corruption. Identify how correctional organizations can reduce unethical conduct by correctional personnel.
4. Whistleblowers are individuals who find the illegal or corrupt activities of the place of their employment of government deplorable and decide who to expose the misconduct, which may create a scandal.
People face ethical dilemmas and resolve situations based on their ethical system. "Understanding and doing the right thing is not always easy, nor is it necessarily easy to determine what is right" (Pollock, 2019, p. 466).
Edward Snowden is possibly one name that many people are familiar with not only in the United States, but around the world. Snowden came forward and told the world of the illegal activities committed by the United States National Security Agency (NSA).
Consider:
• Some consider whistleblowers heroes, while others consider them traitors
• "Journalist Glenn Greenwald gives the inside story of Edward Snowden"
Using this information, discuss why some people believe Snowden is a hero, and others call him a traitor. Explain why a person may agree with Snowden's goals, but not approve of his actions. What ethical system do you feel relates to Snowden's actions?