Term Paper: Criminal Justice: On September 18

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SAMPLE EXCERPT:

[. . .] The reason for the suitability of this theory of punishment in this case is the fact that its central precept is that punishment should be in proportion to the harm.

Importance of Code Ethics in the Criminal Justice System:

One of the most essential and fundamental aspects in guiding practices and lessening misconduct by personnel in criminal justice is the importance of code of ethics. Ethics is basically described as moral philosophy, which focuses on examining issues of right and wrong and how people ought to live. The qualities of right and wrong are in turn considered as moral judgments that are assigned to people's conduct and actions. A code of ethics is vital in all criminal justice processes because it provides the professionals in the field with ways for making moral choices, particularly in a situation involving moral issues or concerns.

A code of ethics helps in guiding practices and minimizing misconduct in the criminal justice processes by providing the basis for ethical considerations that are important to decisions regarding the use of force, discretion, and due process. The knowledge of the code of ethics enables personnel in this field to question and evaluate assumptions that are not examined in other areas of activity like politics and business. The guidance of practices and reduction of misconduct helps in the creation of a secure working environment and equal opportunity. The code of ethics helps in guiding the practices of these professionals because they are likely to be tempted to abuse their powers. It provides the capacity for these professionals to point to moral reasoning in justifying their behaviors.

Prosecutor's Requirement to Seek Justice, not Merely Convict:

As part of the prosecutor's duty to truth, he/she has the responsibility to seek justice rather than to merely convict in a criminal proceeding. Actually, individuals seeking to become prosecutors are trained that they should never put a defendant to trial unless they are convinced that the individual is guilty or involved. As a result, the responsibility of the prosecutor differs slightly from that of normal advocates since they seek justice instead of simply convicting an individual. Some of the ethical requirements underlying this precept are the need for prosecutors to disclose to the defense of available evidence, the need not to avoid pursuit of evidence, and use of self-control in discretionary exercise of the powers of the government (Wechsler, 2008). These expectations can be enhanced in the criminal justice system by promoting and enhancing the study of ethics by professionals in this field. The study of ethics as it relates to criminal justice should be followed by their application, which is a prerequisite for these professionals. The study of ethics will ensure that these professionals apply ethical considerations and moral judgments while in all the criminal justice processes.

Conclusion:

This case is a clear example of some of the cases in the criminal justice system that requires the use of all the elements, principles, and theories in the field. However, if there has been misconduct on the police or the prosecution, the court may be forced to consider recourse. In such an instance, the court will reconsider its sentencing of the defendant, earlier decisions and take the necessary punitive measures for the police or prosecution based on the law. As part of the recourse, the court can hold the police or prosecution to be in contempt of court and bring the responsible parties to the attention of the respective Executive Branch agency to handle the issue. An example of an executive branch agency that can handle the issue in case of misconduct is a grand jury.

References:

Carlsmith, K.M. & Darley, J.M. (2002). Why do We Punish? Deterrence and Just Deserts as

Motives for Punishment. Journal of Personality and Social Psychology, 83(2), 284-299. Retrieved from http://www.law.asu.edu/files/!NoTemplate/why%20do%20we%20punish%20-%20Robinson.pdf

"Double Jeopardy." (n.d.). Criminal Law. Retrieved June 12, 2012, from http://www.enotes.com/criminal-law-reference/double-jeopardy

Gaines, L.K. & Miller, R.L. (2008). Criminal Justice in Action (5th ed.). Belmont, CA: Thomson

Wadsworth.

Wechsler, R. (2008, July 23). The Special Responsibilities of Prosecutors -- and Other Local

Government Attorneys. Retrieved June 12, 2012, from http://www.cityethics.org/node/460 [END OF PREVIEW]

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Criminal Justice: On September 18.  (2012, June 12).  Retrieved April 26, 2019, from https://www.essaytown.com/subjects/paper/criminal-justice-september-18/47906

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"Criminal Justice: On September 18."  12 June 2012.  Web.  26 April 2019. <https://www.essaytown.com/subjects/paper/criminal-justice-september-18/47906>.

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"Criminal Justice: On September 18."  Essaytown.com.  June 12, 2012.  Accessed April 26, 2019.
https://www.essaytown.com/subjects/paper/criminal-justice-september-18/47906.