CJUS 340 Prosecutor v Defense Attorney

CJUS 340 Prosecutor v Defense Attorney

Provide at least one example of exceeding appropriate authority for the prosecution. For the defense.

An example of a prosecutor exceeding appropriate authority is failing to disclose exculpatory evidence to the defense, as the Brady rule requires. This is unfair to the defendant and is a violation of due process, as witnessed in the wrongfully convicted Juan Melendez case, where the prosecutor withheld evidence that could have set the defendant free (“Lecture Notes Legal Actors – Prosecutors and Defense Attorneys”, 2022). Such actions undermine the justice system and are contrary to the prosecutor’s role to do justice, not merely convictions. Defense attorneys can exceed the appropriateness of the system and can overrule the justice system to provide their clients with an acquittal (Gillers, 2024). For instance, if a defense attorney provides perjurious statements or prevents the prosecution from accessing some evidence, they undermine the legal process and the pursuit of justice. This is unethical, besides threatening the fairness of the trial process and even the outcome in cases where justice is compromised.

What are the available remedies when appropriate authority is exceeded? For the prosecution? For the defense?

When a prosecutor exceeds appropriate authority, essential remedies can include overturning wrongful acquittal, discharge, or a retrial. Further, the prosecutor may be subjected to professional sanctions like suspension or removal from practice and civil liability for misconduct. If a defense attorney goes beyond the legal procurement authority, remedies may include granting the defendant a new trial or appeal on the grounds of ineffective assistance of counsel (Nobles & Schiff, 2020). The attorney may also suffer disciplinary proceedings by the bar association and subsequent suspension, dismissal, or any other sanction.

How can the role of the prosecution and the defense attorney be defended by applying biblical principles?

The legal justification for the roles of the prosecution can be bestowed on the biblical passage in Micah 6:8, which calls for acting justly and with loving mercy. The position of a defense attorney corresponds to biblical teachings to promote justice and protection of the vulnerable, as reflected in Proverbs 31:8-9, which calls to speak for the helpless and defend the rights of the poor and needy. The two roles concern keeping the truth and showing justice and compassion, which are core biblical values.

References

Gillers, S. (2024). Regulation of lawyers: Problems of law and ethics. Aspen Publishing.

Lecture Notes Legal Actors – Prosecutors and Defense Attorneys. (2022). Studocu; Studocu. https://www.studocu.com/en-us/document/liberty-university/judicial-process/lecture-notes-legal-actors-prosecutors-and-defense-attorneys/32441319

Nobles, R., & Schiff, D. (2020). The supervision of guilty pleas by the Court of Appeal of England and Wales – Workable relationships and tragic choices. Criminal Law Forum, 31(4). https://doi.org/10.1007/s10609-020-09400-2

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CJUS 340 Prosecutor v Defense Attorney

As stated in Read: Lecture Notes: Legal Actors – Prosecutors and Defense Attorneys,

Both the prosecutor and the defense attorney are charged with the pursuit of justice and both must adhere to constitutional mandates in that pursuit of justice. Even so, there are times when appropriate boundaries are distorted and the prosecution and/or defense exceed those established boundaries.

CJUS 340 Prosecutor v Defense Attorney

Based on the course material, lecture notes, and Scripture:

• Provide at least one example of exceeding appropriate authority for the prosecution. For the defense.
• What are the available remedies when appropriate authority is exceeded? For the prosecution? For the defense?
• How can the role of the prosecution and the defense attorney be defended by applying biblical principles?