Collepals.com Papers? ETHICS OF PUNISHMENT AND CORRECTIONS INTRODUCTION Competency 1: Dissect crimina
- ETHICS OF PUNISHMENT AND CORRECTIONS
INTRODUCTION
- Competency 1: Dissect criminal justice ethical issues and practices.
- Competency 3: Compare different ethics systems in a criminal justice community and leadership context.
- Competency 4: Articulate how personal biases affect ethical approaches to criminal justice dilemmas.
- Competency 5: Communicate effectively in writing.
- ETHICAL DILEMMAS AND MISCONDUCT IN THE LEGAL PROFESSION
This unit examines how the discretion of defense attorneys, prosecutors, and judges leads to ethical dilemmas and acts of misconduct. The prosecutor's goal of justice, however, is often the only goal that seems to be winning. Judges have their own unique ethical dilemmas, and their discretion can be understood in the two areas of court rulings and sentencing.TOGGLE DRAWERREAD FULL INTRODUCTIONOBJECTIVES
To successfully complete this learning unit, you will be expected to:
- Explain the facts and court ruling in an ethical dilemma case.
- Articulate the action you would take when faced with this ethical dilemma.
- Explore what you would do if you believed your client was innocent or did not know for sure either way.
- Differentiate the situational versus systems model of ethics.
- Determine how to dismiss personal bias in reaching a judge's ruling on a case.
- Assess the following statement in the context of constitutional law: "if the judicial system is not independent of political powers, and is a pawn or agent of political power, then due process is a sham and the very essence of democracy is threatened."
- LEARNING ACTIVITIESCollapse All
- Toggle Drawer[U07S1] UNIT 7 STUDY 1
STUDIES
READINGS
In your Ethical Dilemmas and Decisions in Criminal Justice text, read the following:- Chapter 9, "Discretion and Dilemmas in the Legal Profession," pages 258–296.
- This chapter provides an overview of discretion and dilemmas in the legal profession.
- Chapter 10, "Ethical Misconduct in the Courts and Responses," pages 297–328.
- This chapter is an overview of ethical misconduct in the courts and responses.
- NBC ARCHIVES ON DEMAND
- View the NBC Nightly News report Representative Rangel's Legal Wrangling.
- After pleading for more time to find legal counsel, disgraced Representative Charles Rangel, a 21-term Democrat from New York, walks out of his trial before a House ethics subcommittee. The committee would find Rangel guilty on 11 out of 13 ethics violations.
- OPTIONAL INTERNET RESOURCES
The following Web resources may be useful for your activities in this unit: - MacFarlane, P. (2002). The importance of ethics and the application of ethical principles to the legal profession. Journal of South Pacific Law, 6(2).
- Ward, S. F. (2007). Top 10 ethics traps. ABA Journal.
- American Bar Association.
- Legal Ethics Forum.
- Cornell University Law School: Legal Information Institute. (n.d.). Legal ethics.
- Chapter 9, "Discretion and Dilemmas in the Legal Profession," pages 258–296.
- Toggle Drawer[U07A1] UNIT 7 ASSIGNMENT 1
FEDERAL JUDGES – ENFORCE OR INTERPRET THE LAW?
COMPETENCIES ADDRESSED IN THIS ASSIGNMENT
- Competency 1: Dissect criminal justice ethical issues and practices.
- Competency 3: Compare different ethics systems in a criminal justice community and leadership context.
- Competency 4: Articulate how personal biases affect ethical approaches to criminal justice dilemmas.
- Competency 5: Communicate effectively in writing.
- OVERVIEW
Those who are strict constructionists believe that judges should enforce, not interpret law. This is considered an extreme view where an individual has no rights unless they are specified in the Constitution or are present in some other legal source. An interpretationist (or activist) utilizes a looser reading of the Constitution and reads into it rights that the framers might have recognized or that they believe should be recognized due to evolving standards. Critics of activism say that just because it has been used for good causes does not mean this is always the case. Proponents of activism argue that it is needed to counteract overreaching of federal powers.For this assignment, assume you are a judge with the appropriate jurisdiction to decide the following case. You were raised in a very strict and sheltered household and must decide whether a particular piece of artwork is obscene. The artist has painted a series of sex scenes, including bondage, sadomasochism, bestiality, and necrophilia, interspersed with paintings of nude children at play. She states that her art has redeeming social qualities because it is a statement of the many faces of humanity. The series of paintings is being displayed in a public gallery supported by city and federal funds. The district attorney has filed for an injunction to close the show due to obscenity.INSTRUCTIONS
Prepare a three-page memorandum to your clerk, who will draft your opinion, detailing the following: - Explain your ruling in the case, including the rationale for your decision.
- Determine how you will dismiss any personal bias in reaching and explaining your decision.
- Explore, as part of your dicta (non-legally binding opinion), whether you agree with the statement, "If the judicial system is not independent of political powers, and is a pawn or agent of political power, then due process is a sham and the very essence of democracy is threatened," in the context of constitutional rights and other potential influences on your decision.
- REQUIREMENTS
Your paper should meet the following requirements: - Written communication: Must be free of errors that detract from the overall message.
- APA formatting: Format resources and citations as per current APA style and formatting guidelines.
- Length of paper: Three pages, not including the title page and the references page.
- Font and font size: Times New Roman, 12 point.
- You are required to submit a draft of your paper to SafeAssign. Once you review your results and make any needed changes, submit your paper for grading.Be sure to review the Federal Judges – Enforce or Interpret the Law? Scoring Guide to ensure you understand the criteria for this assignment.
No its all up there. The instructor is tough.
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