Preview

Should Good People Be Prosecutors Analysis

Good Essays
Open Document
Open Document
1112 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Should Good People Be Prosecutors Analysis
Chapter 9 - Should Good People Be Prosecutors? It is somewhat an oxymoron to consider yourself a prosecutor and a good person. Paul Butler writes describing the discrepancies with progressive prosecutors who believes they are able to change the “definition” of a prosecutor. Butler defines a prosecutor as someone one who is “more part of the problem than the solution” and a person who is “geared toward punishing people whose lives are already messed up.” Furthermore, Butler qualifies his definition of a prosecutor by saying the job of some prosecutors is to “mitigate the harshness of the system.” This is a failed attempt to mend the system because their principal work applies the criminal laws instead of ameliorating its negative effects.
According to Abbe Smith,
…show more content…
The second systems is the panel program, Lastly, the third is the contract system. Bach describes the public defender structure in which full time defense lawyers are employed by the state, and are provided with central legal research tools. In contrast, the panel program is a system in which “private attorneys on a pre-approved list are appointed and paid to represent indigent defendants as needed.” Further, the third option for defense is the contract system in which one or several contracted attorneys within one more or more counties to represent a fixed or maximum number of cases for a certain fee. Nevertheless, all of the defense systems have their own flaws. Public defenders are usually overworked and unpaid as they are dealing with a multitude of cases at one time. A panel program systems brings the problem of attorney selection. The judge usually makes the attorney assignment which may affect the independence of the attorney who depends on the selection of the judge for his or her source of income. Although preferred the contract system because it is easier to administer, but it also gives judges implicit power over

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Prosecution Vs. Defense

    • 316 Words
    • 2 Pages

    A prosecutor’s primary role is that of a minister of justice, and not simply that of an advocate in guarding the rights of the accused as well as enforcing the rights of the public (Tragos, n.d.). Of course, as a minister of justice and not that of an advocate, a prosecutor possesses the power of operating with few legal constraints regarding decision making, which accounts for the use of discretion. In contrast, defense counsel represent the accused of society, the role of the defense…

    • 316 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The prosecutor is accountable for exhibiting the state’s evidence as well as presenting and preparing the state’s case against the accused. It is also the prosecuting attorneys responsibility to decide which matters should be tried or not. It is the prosecutor who makes these determinations based on a several sets of criteria. Most prosecutors will study the evidence against the accused, study the crime, as well as many other factors.…

    • 279 Words
    • 1 Page
    Satisfactory Essays
  • Best Essays

    In 1963, the Supreme Court ruled in Gideon v. Wainwright that the Sixth Amendment guarantees every defendant, regardless of socioeconomic status, the right to an attorney and equal protection under the court of law. This means that an indigent defendant that cannot afford to hire a private attorney may have a public defender appointed to him or her. However, fifty years later, the promises of Gideon v. Wainwright may remain unfulfilled. Public defenders may not be able to provide the same treatment to their clients as a private attorney, resulting in harsher sentences being placed on indigent defendants. This is clearly not the equal treatment that Gideon sought, and it is rather evident that the public defender system is very flawed.…

    • 2715 Words
    • 11 Pages
    Best Essays
  • Satisfactory Essays

    [Type the abstract of the document here. The abstract is typically a short summary of the contents of the document. Type the abstract of the document here. The abstract is typically a short summary of the contents of the document.]…

    • 809 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Frohmann conducted a seventeen month field study. She observed the prosecutorial case screening process of over three hundred cases in the sexual assault units of two separate west coast district attorney (DA) offices in 1989 and 1990 (Frohman,1991). She followed up her case screening with interviews of prosecutors in the sexual assault units and investigating officers to analyze their explanations and rationalizations for case rejections (Spohn, Beichner, & Davis-Frenzel, 2001). Frohmann notes that the DA’s office measures prosecutorial performance by conviction rates, encouraging prosecutors to pursue only winnable cases. Frohmann suggests that taking uncertain cases to trial that may result in not guilty verdicts is discouraged in three ways. First, the DA’s office views too many not-guilty verdicts as prosecutor incompetency. Second, prosecutors are rewarded for rejecting cases because it demonstrates their loyalty to office by reducing the huge case load of an overcrowded court system. Third, judges frown upon prosecutors pursuing cases that…

    • 1426 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Prosecutorial misconduct is defined as the use of deceptive, illegal or reprehensible methods used by a prosecutor, to attempt to persuade either the court or the jury. Wrongful convictions in this country are nothing new to the criminal justice system. They are as old as the system itself, and they will continue to exist as long as the fallibility of human judgment continues.…

    • 1215 Words
    • 5 Pages
    Better Essays
  • Best Essays

    reduction and prevention, and are also used as a factor to determine the success of the criminal…

    • 1668 Words
    • 7 Pages
    Best Essays
  • Satisfactory Essays

    I agree with you ethics in the criminal justice system is very important, the officer of law could affect the other people life over their decision. I think your friend was make the right decision. On the friend aspect yes she was betray her friend, but it is the right thing to do, friendship is show out the right and wrong things help each other go up not to cover up for the other. On the work aspect, she also right because tell the truth and help the other got what he/she is deserved it has.…

    • 96 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Numerous guilty parties likewise have a long history of psychosocial issues that have added to their substance mishandle: relational troubles with relatives, challenges in supporting long haul connections, enthusiastic and mental issues and clutters, trouble overseeing outrage and stress, absence of training and professional abilities, and issues finding and keeping up productive business (Belenko and Peugh 1998; Peters 1993). These interminable issues frequently are related with decreased confidence, uneasiness, sorrow, and improved assumptions about the underlying utilization of substances. Unsuccessful endeavors at restraint likewise have a tendency to fortify a negative mental self portrait and improve the probability that guilty parties…

    • 110 Words
    • 1 Page
    Good Essays
  • Good Essays

    two schools of criminology: the school of classics and the school of positivist. Simply put, the school of classics focused more on the crime and punishment of the criminal whereas the school of positivist focused on the criminal and how to typically “rehabilitate the criminal” in order to prevent the crime. Note that while there may be two distinct schools with differing ideas, there cannot be such a case that is so one sided that fits under that school exclusively, rather it must be a “combination of classical and positivist principles” (Kubrin 9). However,…

    • 931 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Michael Becker, a public defender in Orange County visited our class. Public defenders are people who defense for people who cannot afford to hire a lawyer. Public Defenders consider their clients as the most important thing, and they treat their clients with dignity and respect since most of their clients are on the margins of the society, and they are not treated with respect. Even though public defenders receive funding from the government, they do not represent the government. Orange county had public offenders for 70 years, which is longer than the federal public offenders with the history of 50 years. I could tell public defenders disliked the district attorneys by Michael’s description of district attorneys and the way he talks about…

    • 1029 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    To combat the prosecution of the wrongly accused, criminal defense lawyers must be diligent in holding prosecutors and police accountable for every stage of their investigation in every case they handle. Thus, defense lawyers must take seriously their role as advocates for the innocent and the not-so-innocent to assure that the guilty don't escape while the innocent are…

    • 954 Words
    • 4 Pages
    Good Essays
  • Good Essays

    There are many types of people that make up our society. For criminal justice practitioners these people can be broken up in to two groups the law abiding citizens and the criminals. The role of the criminal justice practitioner can at time be simple for example: when it comes to the law abiding citizen the role is to serve and protect. But when it comes to criminal the role of the criminal justice practitioner can become complex. In this paper I will attempt to explore the criminal justice professional’s role in fulfilling society as well as individual needs.…

    • 727 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Criminal Justice Ethics

    • 489 Words
    • 2 Pages

    I now feel like it is my duty to report my partner actions to the supervisor so there will at least be record of the incident should it be brought up in the future. This will protect me as well as the department should any circumstances come up as a result of his actions. My main goal is to make sure that if these…

    • 489 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Court Room Particiapants

    • 682 Words
    • 3 Pages

    Most people like to think that the Just system is perfect and does what is best for the people. In some cases it’s true however that is not always the case; Judges, Prosecutors, and Defense Attorneys are held at a high standard and help to determine the futures of people that commit crimes and provide justice for victims. It is important for everyone to understand that Judges, Prosecutors, and Attorneys are human and make mistakes and bad choices as we all do. I will talk about articles I’ve researched that show Prosecutorial misconduct, Ineffective assistance by criminal defense counsel, and Judicial misconduct.…

    • 682 Words
    • 3 Pages
    Good Essays