July 16, 2012
Courtroom Participants Professional Standards
For the purpose of this paper I will be discussing the questions posed in the course syllabus by my professor: * Prosecutorial Misconduct
* Prosecutorial misconduct is best described as illegal acts utilized by a prosecutor to persuade a jury to wrongly convict an individual accused of a crime or securing a severe sentence that may not be justified towards the actual crime. Often times there are occurrences of individuals that are wrongfully convicted, many of these individuals are incarcerated for extended periods of time before their cases are even heard or brought before a jury. * Ineffective assistance by criminal counsel
An attorney providing ineffective assistance can be considered as those occurrences when the service provided by an attorney to a defendant proves to be ineffective and in doing so, would be a violation of the Sixth Amendment of the Constitution. Ineffective assistance of counsel is defined in the Supreme Court’s ruling surrounding the landmark case of Strickland v. Washington (1984). In order for a defendant to prove ineffective assistance, the individual would first have to provide proof that demonstrates that his counsel’s performance was inefficient due to the attorney make a large number of errors. Secondly, the defendant must demonstrate that the attorney's errors directly impacted the defendant’s case prejudicially. In this instance prejudice takes on the meaning of….the trial would have resulted in a different outcome it not for the fact of the attorney’s errors resulting in the sentencing be affected. * Judicial misconduct
Judicial misconduct refers to the judge’s conduct and the fact that they are constantly in the view of the public, so they are held to a higher standard in the area of respecting the individuals they interact with on a daily basis as well as all...