Courtroom Participants Professional Standards Essay

For the purpose of this paper I will be discussing the questions posed in the course syllabus by my professor* Prosecutorial Mis consider * Prosecutorial misconduct is surpass described as illegal acts practiced by a prosecuting officer to persuade a jury to wrongly convict an individual incriminate of a crime or securing a severe sentence that may not be justified towards the actual crime. Often measures in that location atomic number 18 occurrences of individuals that are wrongfully convicted, many of these individuals are incarcerated for extended periods of metre before their boldnesss are til now heard or brought before a jury.* Ineffective assistance by criminal counselAn attorney providing inefficacious assistance can be considered as those occurrences when the service provided by an attorney to a defendant proves to be ineffective and in doing so, would be a violation of the Sixth Amendment of the Constitution. Ineffective assistance of counsel is defined in th e Supreme moves ruling surrounding the landmark case of Strickland v. Washington (1984). In order for a defendant to prove ineffective assistance, the individual would first have to provide proof that demonstrates that his counsels per smorgasbordance was inefficient due to the attorney make a declamatory number of errors. Secondly, the defendant must demonstrate that the attorneys errors at one time impacted the defendants case prejudici every(prenominal)y. In this instance disfavour takes on the meaning of.the trial would have resulted in a unlike outcome it not for the fact of the attorneys errors resulting in the sentencing be affected.* Judicial misconductJudicial misconduct refers to the judges conduct and the fact that they are constantly in the view of the public, so they are held to a higher standard in the area of respecting the individuals they interact with on a daily basis as well as all defendants that appear before them in appeal.* Real vivification storiesMy re al life story on prosecuting officerial misconduct focuses on the case of Raymond Towler, who was convicted on the ship of rape of an eleven year old girl and completed 30 years of a sentenced life sentence trying to convince the courts of his innocence. associate District Attorney Bill mason motto of win no matter what resulted in him eliciting testimony that he knew, or had been advised was in accurate. Mason interviewed a police scout who stated in court that Towler never denied raping the eleven year old however, notes written by the detective himself during his investigation supported Towlers claims to not having raped the child. In responding to Masons questions, a police officer provided testimony that Towler had some form of an indecent communication with the child prior to the rape. Yet police records indicated that it was Chris Towler, Raymonds blood brother, who had communication (which was appropriate) with the child. Even with a variety of inconsistencies present, a misled jury mum convicted Towler.The mistake the prosecutor made was that he did not utilize commensurate evidence in the case or the fact that Towler wasnt nowhere near the area or the fact that he never even came in contact with the child, fleshlyly or verbally. He also failed to utilize the statement taken by the officer concerning to it being Towlers brother that was in the area where the act supposedly occurred and had the documented conversation with the child. Without these short(p) pieces of evidence being presented Towler was sentence to life in prison and had played out 30 years incarcerated. How do you replace the time that individual up put? What form of resistivity provides protection to the prosecutor pertaining to consequences of misconduct? By the guidelines set forth in the legal dictionary Prosecutors are afforded totally immunity for any actions committed before a Grand Jury or a trial. However, while conducting the investigatory phase, only qualified imm unity is minded(p) to them.In the case of Kalina v. Fletcher, (1997), it was ruled by the United States Supreme Court that absolute immunity was not a right entitled to prosecutor in regards to his/her actions of allegedly submitting false statements of facts in an Affidavit supporting the employment document for an arrest warrant. Consideration of policies regarding merited absolute immunity contains gratify of both protection of the prosecutor of harassing litigation that would disrupt the demand time or the attention allocated for official duties and the interest towards providing him/her the ability to utilize self-governing judgment pertaining to decisions on which suits to file and pursue in court. Another manakin of a real life story pertaining to judicial misconduct would be the case involving Samuel Kent, Mr. Kent served as a judge for over 18 years, unless was now being sentenced to three years inside a federal prison for lying about inappropriate conduct towards h is staff, of which two provided physical evidence as to number of years they both endured various assaults by the judge who was for the most part intoxicated.The pattern of sexual misconduct enjoin at the judges co-workers along with constant violations of workplace intoxication are obvious wrongdoings committed by the judge. It is my opinion that performing elections would be break off suited action for judicial selection due to its ability to give up the citizens to make their own choice as to who should represent them through the process of researching them first. While certainly recognizing these acts of misconducts occurring within our criminal justice system, how we propose dissuade criminal acts on the streets when its evident we can not monish it inside of our courts and legal system.Then when you factor in the occurrences of individuals being incarcerated and consequently being found innocent and having to be compensated through topical anesthetic and state funds tha t we other citizens are responsible for not to mention the lost of time these individuals lose from their life, friends, and family which honestly begs the question how could any hail of money replace this time. In my opinion, we as a society really need to make ourselves more aware to the fact that these issues require addressing in our criminal justice system. We really need the accessibility of additional resources required to fill more jobs with truly qualified individuals versus our penchant for sacrificing ourselves to individuals with recognizable call or higher government officials who claim to have or surpass interest at heart when certain decisions they make appear to be the complete opposite.ReferencesSchmalleger, F., & Hall, D. E. (2010). Criminal Law Today. Upper SaddleRiver, NJ.Siegel, L. J., Schmalleger, F., & Worrall, J. L. (2011). Courts and Criminal nicety in America. Upper Saddle River, NJ. www.Lawlibrary.comhttp//legal-dictionary.thefreedictionary.com/immuni ty