The Case Presented: I have been appointed as a public defender for a man that is on trial for murder. The details on the case that is provided are that the man admitted to the confidence of his attorney to murdering a five-year-old boy after taking the boy from a local playground. The client then admits to burying the child behind his house. The mother of the missing child is looking and asking the public to come forward with any information that is relating to finding her missing son. The client is guilty of murder and not the job has been presented for the defense attorney with an ethical dilemma. The decision, in this case, is to make an ethical decision based on the profession of the attorney or to remain loyal to …show more content…
The American Bar Association sees that the sixth amendment shows the right to choose a counsel and the assistance of the counsel to the client. Attorneys have according to the American Bar Association not to become a defense attorney due to nonpayment they can receive for defending a public defendant. Moss states that the ABA (American Bar Association) that attorneys that do not receive fees violate their rights to defend a public defender and in the sixth amendment the clients have a right to choose a counsel for them to assist at their upcoming trials in the criminal justice system. (Moss 1986). Plea Bargaining Plea bargaining is to achieve an agreement or compromise with the prosecution by reducing the charges against the defendant or an exchange for a guilty plea to get a lesser sentence in which the defendant must admit they are guilty even if they believe they are innocent and in the criminal justice system the plea bargain tends to happen on a daily basis at the discretion of the …show more content…
The plea bargain is a situation in which the defendant must decide between guilty or not guilty (Banks 2017 p 140). The principle of Neutrality: Attorneys in the criminal justice system must remain neutral and have a stance to their clients in relation to defend even if the morals of the attorneys are on alert are bound by ethics in their professional jobs. It is not on the defense attorney to decide on the guilt after receiving a confession from the client. With the defense attorney, there is a stance taken on neutrality morals is not for a defense attorney to decide on the guilt of a client but the decision stands on the jury and the judge in the criminal justice system. The attorneys must set aside the questions of morality when it comes to representing their clients and determine how to represent the clients to the best of the attorney’s ability. Banks states “The exercise of this principle enables the lawyer to abdicate responsibility for assisting a client in achieving a purpose that the lawyer might otherwise consider morally questionable. (Banks 2017