(a) The prosecutor should act with diligence and promptness to investigate, litigate, and dispose of criminal charges, consistent with the interests of justice and with due regard for fairness, accuracy, and rights of the defendant, victims, and witnesses.
Under a vertical model of prosecution, a case is assigned to a single prosecutor who is responsible for the case at each step in the judicial process from initial appear- ance through a final disposition.
In addition to a prosecutor's constitutional and statutory duties to disclose evidence, a prosecutor must, after making a reasonably diligent inquiry, timely disclose to the defense all evidence all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigate the offense.
The purpose of the Attorneys' Code of Ethics is that it establishes a Code that must be followed by all attorneys at all times in fulfilling their professional responsibilities in order to preserve the dignity and respect of the legal profession.
The primary, overall job of the prosecutor's office is to represent the government in criminal cases. Aspects of the courtroom such as plea bargains and its "assembly line" nature are necessary in most cases to avoid becoming swamped by the large number of cases before them.
Which of the following is true of most state systems of prosecution? They are decentralized.
Prosecutors often define their jobs as representing victims of crime and the police, but these are not typically considered to fit under the attorney-client relationship. Rather, the client of the prosecutor is the government and for this reason prosecutors are given special responsibilities.
They have the authority to bring charges, dismiss charges and modify charges. The prosecution decides who,what when and how an individual will be charged. Their obligation is to seek justice, to prove what the evidence indicates is true.
The prosecutor represents the accused or convicted offenders in their dealings with criminal justice officials. The state's governor appoints most local prosecutors.
A code of ethics is a set of principles and rules used by individuals and organizations to govern their decision-making process, as well as to distinguish right from wrong. They provide a general idea of the ethical standards of a business or organization.
At the core of issues of legal ethics are the rules governing the conduct of lawyers and judges that are adopted by each jurisdiction. These state rules are based on model rules adopted by the American Bar Association, most recently the Model Rules of Professional Conduct and the Code of Judicial Conduct.
Areas covered by ethical standards include: Independence, honesty and integrity. The lawyer and client relationship, in particular, the duties owed by the lawyer to his or her client. This includes matters such as client care, conflict of interest, confidentiality, dealing with client money, and fees.
The most important thing a defense attorney can do in a criminal trial is to establish reasonable doubt. Because they do not need to prove their client's innocence, they must simply come up with a good enough reason that the prosecution's argument is flawed.
ProsecutorsProsecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
What is the due process model? -stresses the need for protecting suspects against the power of police, prosecutors, and judges.
The decision to prosecute is based on the following factors:The sufficiency of the evidence linking the suspect to the offense.The seriousness of the offense.The size of the court's caseload.The need to conserve prosecutorial resources for more serious cases.The availability of alternatives to formal prosecution.More items...
a lawyer's responsibilites to clients, to the legal system, and to the lawyers own self interest in reamining an upright person while earning a satisfactory living
false. Attorney's do not decide and it is the public defender'd job to judge the quality of the case.
Aristotle wrote disparagingly of attorney advocates who misrepresent the truth, making the guilty appear innocent.
According to John Rawl' s "Theory of Justice", inequalities should not unfairly burden any segment of society.
According to one prosecutor, the reason professional misconduct takes place is because "it works." NO ethical theory would support such misconduct.
A defense attorney's job is to represent the legal rights of defendants; not to seek an acquittal.
According to John Rawls' Greatest Equal Liberty Principle, everyone should have the same right to social and economic opportunities.
Prosecutors have a very small amount of discretion in the criminal justice system.
There will always be a minority of people who will draw the conclusion that if you have hired a lawyer you must be guilty and are using a lawyer to try and escape the consequences.
Another obvious question to ask is that if you are innocent of the charges being made against you why should you need to use a lawyer in the first place?
All things considered, if you are facing some charges against you it is not the time to be worried in any way about how it looks to hire a lawyer.