Question
Jan Villaroel
Topic: Others Posted 1 year ago
Discuss the circumstances that led to the development of legal ethical codes. Discuss three arguments in favor of defense attorneys defending clients whom the attorney believes is guilty.

For this unit’s Complete assignment, write a comprehensive scholarly essay (minimum 1500 words) in which you analyze, explain, and apply these concepts in the context of a criminal justice organizational issue.

• Discuss the circumstances that led to the development of legal ethical codes.
• Discuss three arguments in favor of defense attorneys defending clients whom the attorney believes is guilty.
• Discuss some of the primary duties of the prosecutor. Describe why judges are held to even higher ethical standards than other lawyers.
• Present, discuss, and evaluate three criticisms of restorative justice. Briefly explain your position on restorative justice.
• Which one purpose of punishment do you think works best to reduce recidivism rates? Why?


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Koala Tutor
Oct 12, 2023
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Legal ethical codes have been developed as a response to the need for a set of guidelines to regulate the behavior of legal professionals and ensure justice is upheld. The circumstances that led to the development of these codes can be traced back to the historical evolution of the legal profession.

Initially, the legal profession was not regulated by specific ethical standards. However, as the legal system became more complex and the role of lawyers expanded, the need for a code of conduct emerged. Legal ethical codes were introduced to provide guidance and establish a standard of behavior for lawyers.

One of the main reasons for the development of legal ethical codes was to uphold the integrity and professionalism of the legal profession. Lawyers are entrusted with the responsibility of representing the interests of their clients and advocating for justice. Ethical codes ensure that legal professionals adhere to principles of honesty, diligence, and fairness in their practice.

Another factor that contributed to the development of ethical codes was the desire to maintain public confidence in the legal system. The legal profession plays a crucial role in ensuring the rule of law, and any breach of ethical conduct can undermine public trust. Ethical codes serve as a means of restoring and maintaining confidence in the legal system by establishing standards of behavior that lawyers must adhere to.

Furthermore, ethical codes were developed to address conflicts of interest within the legal profession. Lawyers often find themselves representing clients with conflicting interests or facing ethical dilemmas. Codes of conduct provide guidance on how to navigate these situations, ensuring lawyers act in the best interest of their clients while maintaining ethical standards.

Moving on to defense attorneys defending clients whom they believe are guilty, there are several arguments in favor of this practice. Firstly, it is essential to uphold the constitutional right to a fair trial and due process. The role of defense attorneys is to ensure that the accused receives a fair trial, regardless of guilt or innocence. By providing a zealous defense, defense attorneys ensure that the accused's rights are protected and that the process is just.

Secondly, defending a client whom the attorney believes is guilty can serve as a check on the power of the state and the prosecution. It is not uncommon for wrongful convictions to occur, and defense attorneys play a vital role in preventing miscarriages of justice. By presenting the best possible defense, even for guilty clients, defense attorneys ensure that the burden of proof is met and that the accused is not unjustly convicted.

Another argument in favor of defense attorneys representing guilty clients is the belief in the rehabilitative potential of the criminal justice system. Defense attorneys may take the view that even though their client is guilty, they can work towards securing a more lenient sentence or alternative forms of punishment that can contribute to the rehabilitation and reintegration of the accused into society.

Moving on to the primary duties of the prosecutor, one of their main responsibilities is to seek justice. Prosecutors represent the state and are tasked with determining whether there is sufficient evidence to proceed with a criminal case. Their duty is not solely to secure convictions but to act in the interest of justice and fairness.

Additionally, prosecutors must adhere to ethical standards and ensure that the rights of the accused are protected. They have a duty to disclose any exculpatory evidence that could be favorable to the defense, promoting transparency and fairness in the legal process.

Judges, on the other hand, are held to even higher ethical standards than other lawyers due to their role as impartial arbiters of justice. Judges must remain neutral and unbiased throughout legal proceedings, ensuring that all parties are treated fairly. They have the power to make critical decisions that can significantly impact individuals' lives and must exercise their authority with integrity and impartiality.

The higher ethical standards placed on judges also stem from the need to maintain public confidence in the judiciary. A fair and independent judiciary is a cornerstone of a democratic society, and strict ethical guidelines ensure that judges fulfill their duty without any conflicts of interest or bias.

Regarding restorative justice, there are several criticisms of this approach. One criticism is that restorative justice may prioritize the needs and desires of the offender over those of the victim. Critics argue that the focus on repairing harms and reintegrating the offender into society may not adequately address the needs or provide justice for the victim.

Another criticism of restorative justice is that it may lack consistency and standardization. Opponents argue that the implementation and outcomes of restorative justice programs can vary widely, leading to potential disparities and inconsistencies in addressing criminal behavior.

Furthermore, critics argue that restorative justice may not be suitable for all types of crimes. Serious offenses such as murder or sexual assault may require a punitive approach to ensure justice is served and to protect public safety. Restorative justice may be more effective when applied to less severe offenses or nonviolent crimes.

Personally, I believe that restorative justice has its merits as an approach to address criminal behavior. It provides an opportunity for offenders to take responsibility for their actions and engage in a process that promotes accountability, healing, and reintegration into society. Restorative justice can be particularly effective in cases where the offender and the victim can come to a mutual understanding and work towards resolution.

As for the purpose of punishment that works best to reduce recidivism rates, rehabilitation appears to be the most effective approach. Rehabilitation focuses on addressing the underlying causes of criminal behavior and providing offenders with the necessary tools and support to reintegrate into society successfully. By addressing the root causes of criminal behavior, rehabilitation can prevent recidivism and promote long-term positive change.

In conclusion, the development of legal ethical codes was prompted by the need to regulate the behavior of legal professionals and ensure justice is upheld. Defense attorneys have a duty to uphold the constitutional rights of their clients, even if they believe they are guilty. The primary duties of prosecutors include seeking justice and protecting the rights of the accused. Judges are held to higher ethical standards due to their role as impartial arbiters of justice. Restorative justice has some criticisms, but it can be a valuable tool in addressing criminal behavior. Rehabilitation appears to be the most effective purpose of punishment in reducing recidivism rates.

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