The Rules of Professional Conduct provides solutions for the many conflicts lawyers face. In this document, it states that "such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles
Lawyers would have to specialize to a much greater degree to be able to maintain their current case load. Lawyers could also generalize their practice based on Courtroom Work Groups and Prosecutors taking specific cases. (How the Prosecutor Decides Which Cases to Charge. Retrieved from https://www.nolo.com). The Judge is considered to be the Judge, a public officer selected to administer, uphold the laws in a courtroom and to make the final decision of cases based upon the appropriate laws.
Introduction Crime, its punishment, and the legislation that decides the way in which they interact has long been a public policy concern that reaches everyone within a given society. It is the function of the judicial system to distribute punishment equitably and following the law. The four traditional goals of punishment, as defined by Connecticut General Assembly (2001), are: “deterrence, incapacitation, retribution, and rehabilitation.” However, how legislature achieves and balances these goals has changed due to the implementation of responses to changing societal influences. Mandatory minimum sentences exemplify this shift. Defined as a public policy that imposes an outlined amount of prison time based on the crime committed and the defendant’s criminal history, these sentences dictate that a judge must enact a statutory fixed penalty on individuals convicted of certain crimes, regardless of extenuating circumstances.
For federal courts proceedings are refered to the, “Feral Rules of Civil Procedures,” another guide for federal courts. These guidelines are developed by the federal judiciary and go under review by Congress. On the contrary of the federal rules, some procedures are addressed by a residential basis. Rule 57 of Criminal Procedures states individual court districts are allowed to follow their local rules and procedures regulating a trail. These rules concist of how the lawyer and judge govern the trial such as deciding on a jury or which lawyer can open first for their client.
the need to disclose patient information to protect a third party. Confidentiality is defined as “the ethical principle that requires nondisclosure of private or secret information with which one is entrusted” (Burkhardt & Nathaniel, 2012, p. 526). The court’s decision in the Tarasoff case caused controversy throughout the mental health profession that is still debated today. Confidentiality is the cornerstone on which the therapist-patient relationship is based. Justice Clark’s dissent emphasized the importance of confidentiality: “Until today’s majority opinion, both legal and medical authorities have agreed that confidentiality is essential to effectively treat the mentally ill and that imposing a duty on doctors to disclose patient threats to potential victims would greatly impair treatment” (Tarasoff v. Regents of University of California, 1976, p. 20).
The article also quotes Nitasha Mehata, the associate director of the company, saying "Over-the-counter medications aren't charged sales tax, neither are condoms, but pads and tampons are. We didn't understand why women have to be charged up to 10 percent in sales tax for an item that's a necessity." (Picchi,
Shaw believes that a Utilitarian perspective supports the foundations of criminal law because laws help people have a sound mind and a good life. This is because laws protect personal belongings and self. Shaw suggests criminal law should be viewed from a Utilitarian perspective since it helps the overall well-being of society. Some things are breaking the law but are not to be punished as harshly as others. For example, a person speeding over the posted speed limit would not need to be sent to prison like a person who murders someone.
The sheer ruthlessness of the punishments discourage any sort of crime as they will scare the citizens into never breaking the law in fear of the consequences. The document “Crime and Punishment in the Elizabethan Era” also points out that the law was flexible and could be applied differently based on the situation. When a person was convicted of treason, they were not always executed immediately. Some were inhumanely tortured for more information to see if they were working with others, despite the obvious lack of morality in doing this, it worked. However, on the other hand, the Elizabethan Law did have at least some moral sense to it as people some were spared from torture, and even execution in certain circumstances.
This research paper will discuss why there is no value to the just deserts approach and why, if supplemented with a re-entry program, just deserts will have a greater significance. The theory and practice of the just deserts approach will be examined as well as why it does not appear to be working for offenders. Additionally, re-entry programs will be analyzed; those operating in Canada and in the United States, to further explain why reintegrating is better for the community and offenders. It is easy to agree with the just deserts approach to crime, however, when a loved one is affected by the harsh punishments and the negative consequences of prison, it makes life afterward extremely
This is not justice, but a process of persuasion and wit. D) How important do you think the ‘fact’ of a criminal trial – the performance of prosecuting someone for an egregious violation of international law – is to the idea of transitional justice? Criminal trials act as a process for punishment. Even though in itself they do not directly deliver transitional justice, they act as a vehicle A primary purpose of transitional justice is to seek recognition for victims, as well as the promotion of peace and reconciliation. Criminal trials are concerned with interests of the defendant, they do not allow victims to share their stories.
The United States has generally been unmistakable in the force concurred privately chosen officials to decide the degree of discipline to which a criminal litigant is uncovered, constrained essentially by the caution of juries, judges, and post-sentencing authoritative discharge methodology (parole). Sensibly we may expect the ascent of detainment to be connected to increments in the level of prosecutorial caution to figure out why should likely go to jail and for to what extent, or diminishes in countervailing institutional keeps an eye on that carefulness. Both patterns have been valid in differing degree crosswise over U.S. corrective frameworks. Obligatory least sentences laws that got to be well known for medication and other off ensues
The role of forensic psychologist, often times are to provide a forensic examination. For this article, the role of forensic psychologist as the expert witness will be used in regards to “ethical issues of concern for psychologists who are engaged in personality assessment in forensic settings such as for courts or attorneys” (Knapp, & VandeCreek, 2001). The forensic psychologist can either be a court-appointed evaluator or an employee of an attorney (Knapp, & VandeCreek, 2001). Since attorneys hire these psychologists, due to attorney-client privileges the attorney can pick and choose what information will be provided to the court of law. The ethical role of a forensic psychologist as an expert witness is just about the same as a regular psychologist.
The study recommended the following actions to prevent wrongful convictions: checklists to conduct investigations; ensure forensic testing completed early in an investigation; embed a prosecutor in a police department; assign senior prosecutors for intake and charging; ensure files are open for discovery; establish a threshold for line-ups; post-error review; and providing immunity to those who self-identify errors in their report (National Institute of Justice, 2013). Law enforcement agencies must evaluate what needs to be done to incorporate these actions into their operations and develop policy to reinforce these