Suggests lawyers caseloads are major reason for practice and that neither side

Suggests lawyers caseloads are major reason for

This preview shows page 21 - 27 out of 29 pages.

Suggests lawyers’ caseloads are major reason for practice and that neither side wants to try cases Explains political aspects by suggesting elected district attorney is concerned with securing high conviction rate, maintaining good relationships with private lawyers of influence, and avoiding losing high profile trials One consequence of plea bargaining is absence public trial showing accountability and condemnation Banks, Criminal Justice Ethics. © 2017, SAGE Publications.
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Prosecutorial Misconduct Freedman (1975b) Argues ABA ethical standards inadequate in ensuring ethical duty of prosecutor Most cases of misconduct result from issues such as conflict of interest, failure to enforce law, and filing charges vindictively (Wolfram, 1986) Gersham (1986) Examples of “outrageous conduct”: Miller v. Pate (1967) United States v. Perry (1981) Banks, Criminal Justice Ethics. © 2017, SAGE Publications.
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Gershman (2001) Identifies misleading types of prosecutorial misconduct as including: Attempts to place in jurors’ minds innuendo damaging and prejudicial to defendant Allusions to expert testimony casting doubt on defense witness’s credibility Attempts to enhance witness’s credibility by referring to willingness to take polygraph test Comments and questions suggesting defendant’s reliance upon constitutional rights establishes evidence of guilt Prosecutorial Misconduct Banks, Criminal Justice Ethics. © 2017, SAGE Publications.
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Prosecutorial Misconduct Gershman (1986) Also argues misconduct continues to exist because penalties imposed are absent or inadequate Prosecutors might aim to ensure justice and, believing most defendants are guilty, may feel compelled to avoid problems that may lead to not-guilty verdict Commentators also point out that Supreme Court has been reluctant to control prosecutorial misconduct (Fisher, 1988) Gershman (1987) Contends court has refused to identify ethical standards and encourages “prosecutorial overreaching” Banks, Criminal Justice Ethics. © 2017, SAGE Publications.
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Prosecutorial Misconduct State bar associations and disciplinary bodies empowered to sanction misconduct but do so infrequently Model Rule 3.6 Forbids making specific kinds of statements out of court that might prejudice a criminal trial Includes an exception for necessary statements Deferred sentencing When prosecutor delays sentencing of witness who has plead guilty but will not be sentenced until giving testimony against another defendant Is also not allowed Can be considered witness coercion Banks, Criminal Justice Ethics. © 2017, SAGE Publications.
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Judicial Ethics Judges held to higher standards of law than lawyers or others not invested with public trust In 1990, ABA adopted Model Code of Judicial Conduct that establishes standards for ethical conduct by judges Not intended as exhaustive guide Judges must be faithful to law Not be swayed by partisan interests
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