The Bungling Defence Scenario

Published: 2017-12-20 09:36:46
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University of Richmond
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Defense is a process whereby the accused is protected from being arrested. The action of defence is accomplished by the defence attorney who appears in the courts and provides tangible evidence to support the accused. When the evidence is found not genuine, the suspect ends up convicted by the tribunal judge. Moreover, the defence attorney should act in the interest of the client, and this should not conflict with the clientele interest. They should be ethical in their line of duty so as to omit the dispute of interest. Also, the lawyers should be willing to fully support their clients through thick and thin to ensure there are not convicted. 

On the other hand, a prosecutor is a person who seeks justice to the offended and an officer of the court. The attorney must exercise sound decision in the performance of their functions. Moreover, their purpose in the court is to seek justice and not merely to convict the accused as well as improving the administration of the criminal justice.  When insufficiencies or injustices in the applicable or practical law are brought to the prosecutor's attention, they should stimulate efforts for corrective action. Therefore, it is the prosecutor’s obligation to recognize and be directed by the standards of professional conduct as defined by valid professional ethical codes, traditions, and law in the prosecutor's jurisdiction. 

Moreover, the prosecutors have the duty to act if the opposing lawyer in a criminal matter is acting incompetently in defence of their clients. As discussed earlier, the defence attorney should operate in the client’s interest and avoid the conflict of interest. For instance, according to the standard 3-1.4 public statements under the general statements, the prosecutor is responsible for taking care and preventing the clients from the exploitation of the defence attorneys. Thus, the prosecutor should ensure that the lawyers are acting entirely in defence of their clients.  

sheldon

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