Ethics Issue (Essay Sample)
The instructions were on ethical practice by court prosecutors. The paper discusses how prosecutors ought to behave when handling criminal cases. It talks about how prosecutors should help in making the accused have a just hearing and determination of his or her case.source..
There is always a well-organized justice system in any well-organized and stable government. Justice is one of the key aims of any government, and it plays a major role of ensuring that sanity remains within the country, and in the world; for international justice systems. There must be a prosecutor in all the courts, who play the role of proving that the suspects are guilty. Prosecutors should ensure that they perform their roles of prosecution under strict guidance of ethics (Braswell et al., 2012).
Criminal prosecutors have the roles of carrying out investigations, and availing themselves before the courts with the aim of proving that a suspect committed the crime(s) as charged. They are also entitled to start legal proceedings against a suspect. Prosecutors can also decide to seek an out-of-court solution to a problem when the suspects take the liabilities of the crimes committed. This may avoid trials because the prosecutors may only fine the suspects and leave them free. In an adversarial system of justice, the defendants have the choice of either choosing to provide evidence for their defense, or remaining silent. This is because the evidence they provide may result in their conviction when the court discovers that it was faulty. If the defendants choose not to provide any evidence for their defense, the prosecution will have no chance of asking the defendants questions. This set up of court proceedings interferes a lot with the roles of prosecutors because they depend on asking the defendants questions in order to win most cases (Braswell et al., 2012).
Every prosecutor must prosecute a suspect when he/she is satisfied that the suspect committed the crime. This level of satisfaction is only realizable when there is sufficient evidence, which proves that the suspect was involved in the crime. Any prosecutor who makes the step of prosecuting a suspect without sufficient evidence is unethical, and only shows that there is something personal between the prosecutor and the suspect. The prosecutor can only prosecute a suspect without adequate evidence when he/she wants to settle personal differences between him/her and the suspect (Knafla, 2002).
The prosecutor should make several considerations before charging someone in a court of law. He/she should consider the presence of witnesses. It is not ethical to accuse an individual of a crime when there is no witness who witnessed the crime as it happened, or can provide ample evidence that shows the suspect’s participation in the crime. The prosecutor should also consider the information that the police will have come up with after their investigations. The accusations may be false, and a reliable report can only come from investigations by a qualified police investigations team. It will also be virtuous for the prosecutor to consider the probability of the suspect committing the crime. It is not logical to accuse a blind person of having taken part in a robbery crime. There is no way a blind person can find his/her way after a robbery crime, given the fact that the robbers must run to safer destinations after committing a crime. Although the prosecutor should make the above considerations before prosecuting a suspect, he/she should not make some considerations before prosecuting the suspect. The prosecutor should not consider the gender of the suspect because both men and women can engage in criminal activities. He/she should also not consider the background of the suspect. It is not ethical to judge an individual by his/her past mistakes. Charging a suspect by considering the fact that he/she was once involved in a crime is not ethical. The suspect may have changed after the first conviction (Knafla, 2002).
Plea bargaining plays a substantial role in shielding abuses in the federal courts. The suspects fail to get their rights to fair trials. They undergo a lot of intimidation from the prosecutors, who threaten them with severe consequences when they fail to plead guilty to the charges. This culminates in conviction of suspects for crimes they did not commit. These actions by the prosecutors amount to abuse of the court system because there is intimidation and force of suspects to forego their rights (Braswell et al., 2012).
The prosecutor should supply the suspect with any evidence that may help him/her in pro...
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