ipl-logo

Ethical Dilemmas When Shadowing My Attorney

1252 Words6 Pages

One of the most respected maxims in the American legal system is the presumption of innocence. This principle, embodied in the phrase "innocent until proven guilty," holds that anyone accused of a crime is considered innocent until the charges against them are proven. It places the burden of proof on the prosecution to prove guilt beyond reasonable doubt.This fundamental notion is the foundation of the judicial system and is significantly associated with the concept of due process. Due process is essential for defendants' rights, but they are frequently ignored or unknown by the accused. To effectively assert these rights, the defendant needs the services of an attorney. While shadowing my attorney, Michael Reyes, I realized the value that …show more content…

That is the moral ambiguity surrounding the defense of an individual who may be guilty of committing a crime. This paper discusses the ethical dilemma of providing legal representation to clients whose behavior may contradict morality and societal norms, based on my internship experience. Despite this ethical predicament, I will shed light on the importance of legal representation and the significance of attorney-client privilege and due process. During my time shadowing my attorney, two instances arose that made me question the ethical implications of defending an individual who may be guilty of a crime. Without disclosing personal information, I will refer to the defendant as A and the victim as B. The first instance that I experienced was related to an evidentiary hearing, which is a legal proceeding where evidence and legal arguments are presented to a judge for a decision on a disputed issue. The disputed issue may be related to evidence admissibility in the upcoming trial, or it may arise after the trial and call into question the original decision made during the trial. In this case, A allegedly violated the condition of release by contacting B and threatening

Show More
Related
666 Words | 3 Pages

In Monster, by Walter Dean Meyers, Kathy O'Brien must get Steve Harmon ready for trial - who is being accused of felony murder. O’Brien has to find a way to make her client presentable to the jury while also preparing him for his testimony. K. Nichole Nesbitt is an attorney that explains what lawyers should be doing for their clients in the process. Nesbitt goes into detail about how ethical lawyers should be reviewing a client's legal rights and examining their responses. While then goes on about how an unethical lawyer cannot advise a client to lie or mislead the jury in any way.

Read More
912 Words | 4 Pages

When on the topic of murder trials, one cannot help but imagine the poor moral values of the attorney defending the suspected evil doer, but we hardly ever wonder rather or not the attorneys are mentally effected themselves. More often than not, most attorneys can find themselves alone with the dark secrets of their wicked clients. This is due to a client’s right in the justice system known as the attorney-client privilege. The attorney-client privilege is the client’s right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney. One well known example of just how far this “privilege” can go is the murder case of Robert Garrow.

Read More
969 Words | 4 Pages

The absurd cries of young, simpleton girls ignited a series of potentially deadly trials that would soon prove to end fatally for over 20 accused victims. The fact that absurd, superstitious accusations were considered to be sufficient evidence to condemn a victim defines the very contrast of due process.

Read More
1151 Words | 5 Pages

Due Process Revolution Shantel Randolph CRM 322 Law of Criminal Procedure Saint Leo University Due Process Revolution Due Process Due process is basically a procedure that guarantees the rights of individuals during the criminal law proceedings and ensures the fair and unbiased legal proceedings. 5th and 14th amendments cover this process and propose that an individual as full right to know about the charges that have been accused against her or him, in addition, s/he also have right to put forward their stance, in self defense, during the court proceedings. The purpose behind it is to grant the individuals against possible chaotic actions by the state. The whole process covers a wide range of procedures and rules that

Read More
1267 Words | 6 Pages

This is evident when the main characters of the show were pushing for a conviction regardless of the lack of facts surrounding the case. On the other hand, in Justice, the model of criminal justice that is evident is due process. This is evident because, while the defendant was not presumed to be innocent until proven guilty, the audience was made to feel that this was an incredible injustice. Furthermore, the due process model attempts to protect all citizens against the powers of the state as well as the prevention of the conviction of innocent people (Dumas, 2015: Week 2).

Read More
708 Words | 3 Pages

Due process is a concept that was taught in the “Personal, Career, and Financial Security” book. Wikipedia stated that “Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person.” What this means is that due process means every state, when trying a person or attempting to accuse that person of an act, they must respect and follow all the legal rights of that person. They cannot infringe on those rights or try to take a few away. Their rights are protected by the 5th amendment.

Read More
1080 Words | 5 Pages

As a criminal defense attorney, I firmly believe that there are certain instances where it is wise to allow others to speak on your behalf: “The lawyer, like the artist, has certain materials to work with, the evidence. By properly assembling the evidence, by arranging it in the most effective order, by appropriate emphasis, the skillful lawyer can paint a meaningful picture in words, which is capable of evoking the desired response, by arousing feelings in a jury that cause them to accept the arguments addressed to their reason” (Martin 2). It is my great privilege to represent Minnie Wright as her defense counsel, on the charge of murder in the first-degree. All those who are accused of committing crimes are presumed to be innocent until

Read More
1392 Words | 6 Pages

Privileges, presumptions, and judicial notices seem to be misunderstood when dealing with court issues. There are many interpretations of these terms as they are defined within the Federal Rules of Evidence (FRE). The common issues that come up are in reference to when certain privileges apply; when presumptions can be used in evidence; and how judicial notices apply, what their boundaries are, and what can or cannot be noticed. This paper will look at privileges, presumptions, and judicial notices and define them according to West’s Encyclopedia of American Law and according to the FRE. Arguments for and against each will also be made and it will be shown how they are applied through the FRE.

Read More
808 Words | 4 Pages

But as we move forward on this or any other case, we must remember the fundamental tenet of our legal system. Every American, whether accused or accuser, is entitled to

Read More
393 Words | 2 Pages

A defense attorney may be faced with defending clients whom the attorney believes is guilty of the crime charged. Many would ask the question why advocate for someone’s innocence if your beliefs contradict. The sixth amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, … and to have the Assistance of Counsel for his defense.” If a lawyer is a person who practices or studies the law and the constitution of The United States is the supreme law of the land. Lawyers have an obligation to counsel weather or not innocence or guilt plays a factor.

Read More
490 Words | 2 Pages

Due Process is a legal requirement that states that everyone has the right to receive their legal rights. Due Process protects individuals from the law of the land and balances the power of the laws of the land. Due process is violated if the government doesn’t follow the exact course of the law. Due process is basically providing each defendant in the court system with the same process to ensure that nothing is missed or

Read More
1862 Words | 8 Pages

Competency to stand trial (CST) is determined by medical experts who are given the power to determine whether defendants are rationally able to participate in court proceedings. However, the possible infringements of rights are largely dependent on the opinions of an expert who is only deemed reliable and accurate based on their status as an “expert”. This essay will argue that the use of expert witnesses is ineffective as a means to determine competency and is also a risk to individual constitutional rights. The essay will outline the roles of the expert witness and the contributions of their opinions towards determining CST. However, there are complications with the nature of the use of an expert, as it may infringe on the defendants right

Read More
1202 Words | 5 Pages

When crimes have been committed, a selection of defenses may be brought into by a defense attorney in order to negate a guilty verdict. In law, it is known that an individual should not be held

Read More
1057 Words | 5 Pages

The phrase “Innocent until proven guilty” is a popular statement among law enforcement and government employees, but this statement is not always upheld, as various errors, such as misclassification, are a major cause of false

Read More
1415 Words | 6 Pages

In order for the charge of guilt to brought, there has to be the legally mandated due process. Without a correct due process the efficacy of the judgement is likely to contain error. Information that comes into a case is often not pieced together for a comprehensive sentence. Due to the pressures to come to a judgement swiftly, the judgement could be made prematurely thus sentencing an innocent person to death. A lack of a swift judgement may also weaken the deterrent signal to potential offenders.

Read More

More about Ethical Dilemmas When Shadowing My Attorney

Open Document