09 Sep Evaluate how a classmate’s view on the choices by the prosecutor and defense attorney might affect the search for justice in the future.?For example, if the prose
Please see below for guidelines for Replies:
Evaluate how a classmate’s view on the choices by the prosecutor and defense attorney might affect the search for justice in the future. For example, if the prosecutor’s/defense attorney’s actions are acceptable to your classmate, what could that mean in cases next year?
Reply to one classmate regarding the prosecutor question and a different classmate for the defense attorney’s decision.
Please see attached for the requirements and discussion replies.
CJUS 330
Discussion Assignment Instructions
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Michael McLarty
An example of exceeding appropriate for the prosecution could be when a prosecutor decides to withhold exculpatory evidence that could potentially prove a defendant's innocence. A case that displayed this is the Brady vs. Maryland. This case occurred in the year of 1963. John Brady and his companion Charles Boblitt were accused of robbing and killing a fifty-three-year-old man named William Brooks. They were both arrested and tried separately. Brady claimed that Boblitt killed Mr. Brooks in order to avoid the death penalty but the prosecutor did not provide Brady’s defense attorney with the necessary statement that was made in 1958. That type of evidence is known as exculpatory evidence, which is evidence that shows one’s innocence. In the statement Boblitt admits to committing the murder. Since the prosecutor failed to give that statement to the defense attorney, John Brady was found guilty and sentenced to death. Exceeding appropriate authority for the defense refers to situations where a defense attorney, in their zeal to protect their client, oversteps the bounds of their professional role or ethical guidelines.
The available remedies for the defense when appropriate authority is exceeded are motion to dismiss, habeas corpus, or to appeal. An example according to the textbook that displays when a defense attorney had the motion to dismiss was in the Duke's lacrosse case. "In the Duke lacrosse case, the state’s attorney general took over the case and eventually dismissed all charges because of a lack of evidence. Moreover, the North Carolina Bar Association charged Nifong with lying to the judge, withholding key DNA evidence from the defense, and making inflammatory statements to the public. The North Carolina Supreme Court agreed and disbarred him"(Neubauer et. al 6-10). The available remedies for the prosecution when appropriate authority is exceeded are to appeal, request for mistrial, or motion to suppress evidence.
The bible verse that supports the role of the prosecution and the defense attorney be defended by applying biblical principles is Proverbs 31:9. Proverbs 31:9 states "Stand up for what you know is right and judge all people fairly. Protect the rights of the poor and those who need help" (ERV Biblegateway.com).
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Serenity Siu-Mullins
Attorneys play a key role in both the criminal justice system and the courtroom. The role of a prosecutor is to find justice in a case and pursue it. A prosecutor is a public official who represents the state in a criminal action (Neubauer & Fradella, 2019). These public servants represent all people, including the defendant. Their main goal is to secure convictions and see that justice is done. Aside from their duty to secure a conviction, prosecutors have an ethical responsibility to maintain fairness and avoid any misconduct that may deprive the defendant of the fair trial to which they are entitled (Buzzy, 2024). An example of the prosecution exceeding appropriate authority is failure to disclose exculpatory evidence. When a prosecutor does not provide the defense with the necessary evidence, the notion of a fair trial under the process of the due process clause is offended (Buzzy, 2024). As ruled in Brady v. Maryland (1963), the prosecutor must disclose all potential exculpatory evidence regardless of the defendant’s request for such evidence. Other examples of prosecutorial misconduct include evidence tampering, using improper arguments, and discriminating in jury selection (Shouse California Law Group, 2024). Available remedies are judges and appellate court panels dismissing charges, reversing convictions, or reducing sentences. If a judge finds that a prosecutor’s behavior was inappropriate, they may dismiss the charges, admonish the jury to disregard certain evidence or comments, or grant a motion for a new trial (Shouse California Law Group, 2024).
Defense attorneys play a significant role in safeguarding justice and making sure that the constitutional rights of a defendant in a particular case are upheld (Buzzy, 2024). These attorneys are ethically responsible for maintaining a defendant’s 6th Amendment right to counsel. Examples of defense attorneys exceeding appropriate authority are going too far in their zealous representation or not going far enough to represent their clients zealously (Buzzy, 2024). A defense attorney’s priority is to advocate zealously on behalf of their client. However, when a defense attorney does not do everything they can to represent their client, a defendant can argue ineffective assistance of counsel on appeal (Buzzy, 2024). Lawyers who fail to properly represent their clients may also be sued for civil damages (Neubauer & Fradella, 2019).
Proverbs 21:15 says, “When justice is done, it brings joy to the righteous but terror to the evildoers” (New International Version, 2011, Prov. 21:15). The Bible demands fairness and honesty. The role of the prosecution and the defense attorney can be defended by applying Biblical principles because they hold positions in which they have the ethical responsibility to provide justice in an honorable and fair way. Biblical justice calls for fair treatment and the application of justice in modern society involves prioritizing fairness, addressing systemic injustices, and advocating for the marginalized (Christensen, 2023). Scripture supports the notion that justice and fairness should be the guiding principles for every aspect of the government, including the judicial branch. Furthermore, God holds the government and law enforcement agencies accountable to Him and the people. When we pursue Biblical justice, we honor God’s intention for us to live a peaceful existence in accordance with His plan for humanity that is good and right (Ellis, 2020). It is important to remember that people are not perfect, and the pursuit of justice may not always be done correctly. Ultimately, justice belongs to the Lord, but humans are responsible for honoring the systems and values that He has put in place.
