Criminal Defense Attorney: Ethical Obligations

Criminal Defense Attorney: Ethical Obligations Thoroughly explain the difference between the ethical obligations of a defense attorney and the ethical obligations of a prosecutor. Explain how these different roles may affect their responsibilities in a criminal trial Obligations of the Defense Attorney The role of an attorney, as defined by society, can be seen threefold; a member of a legal profession, a representative of clients, and an officer of the judicial system with the responsibility of obtaining quality justice. These responsibilities do not differentiate based on the type of law that is practiced. These responsibilities go farther than merely representing a client in a criminal proceeding. An attorney must respect the need to seek the truth within a system that places justice as a core value. There are multiple roles that a criminal defense attorney must face and each role has distinct responsibilities in every action and every decision that is made. Role as Advocate The American Bar Association Criminal Justice Standards suggest that the defense attorney satisfies his duty to the administration of justice and as an officer of the court merely by serving as the accuseds counselor and advocate with courage and devotion and to render effective, quality representation. (Marcus, 2009) A few advocates take the position that the criminal lawyer has one assignment, enthusiastically speaking for the client, within the law, and state that the part of the criminal lawyers responsibility to secure the accused against the power of the government, directs the lawyers ethical commitments. Officer of the Court The criminal lawyer has obligations to the court and others to include the defendant. The officer of the court is required to decide on choices that reflect regard for the truth and the function of the trial procedure. The officer of the court is required to cease from including himself in distortion, misrepresentation, and deceptive nature. The officer of the court cant take an interest in perjurious declaration, and in the event that he gets to be distinctly mindful of his association then he should find a way to cure it. Minister of Justice The criminal defense lawyer is called to be a member of society with an extraordinary obligation to justice. Justice considers whether the issues of the substantive and procedural privileges of the accused have been ensured all through the legal procedure. Justice obliges adherence to the correct techniques and procedures, through which justice is proficient. Also, at last, it requires that false declaration or testimony would not be the premise of a fair conviction. Paying little mind to whether a criminal attorneys client is liable of the wrongdoing he or she is being accused or wrongly blamed, the lawyers occupation doesnt change: make the prosecution prove its case with sound contentions, genuine proof, and dependable declaration. Criminal lawyers have an impossibly troublesome task, as upsetting and candidly difficult as that of a Doctor who must save life, and have the capacity to watch a patient die under his surgical knife and come back to work again the following day. It doesnt deliver fulfillment or euphoria when lawyers see their blameworthy criminal client go free, ensured by the Constitutional denial against double jeopardy never to need to suffer discipline over shocking crimes. Be that as it may, they are not the villains and liars of the American justice system; they are its moral legends. Obligations of the Prosecutor The prosecutor must have the capacity to demonstrate the defendant is blameworthy past all doubt even though, prosecutors tend to be somewhat embellished and violate the laws of justice at any cost. Tragically, innocent individuals are put in a place of confessing to violations they didnt commit due to the attorney misconduct. Unfortunate behavior by prosecutors is typical inside the courts, a viable strategy that works to support them. It comprises of wrecking, changing or withholding proof, threatening defense witnesses in return for lesser sentences, training witnesses for the prosecution to give statements that help their evidence against the defendant. Eventually the defendant does not get a reasonable trial and is wrongly sentenced. Criminal convictions as of late have been toppled on account of violations by prosecutors regarding scientific evidence. A prosecutor has the ethical commitment to keep up a level of competent fitness in the courtroom. The Function of the Prosecutor The office of prosecutor is responsible with arraignments in its district. The prosecutor, along with the defense attorney, is a manager of justice, an advocate, and an officer of the court; the prosecutor must practice sound suspicion in the execution of his or her capacities. The obligation of the prosecutor is to look for justice, not simply to convict. It is an imperative of the prosecutor to look to change and enhance the organization of criminal justice. Whenever insufficiencies or treacheries in the substantive or procedural law become obvious, he or she must enhance endeavors for healing the negative activity. It is the obligation of the prosecutor to know and be guided by the guidelines of professional conduct as characterized by traditions, moral codes, and law in the prosecutors locale. In 1935, the case of Williams v. State cited a reasonable definition by stating; The prosecutor is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffers. He may prosecute with earnestness and vigor indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one. References Marcus, M. (2009). The making of the ABA criminal justice standards. Criminal Justice, 23(4), 10. 295 U.S. 78, 88 (1935), cited in Williams v. State, 103 Nev. 106, 110, 734 P.2d 700, 703 (1987); see also RPC 3.8 (Special Responsibilities of Prosecutor); ABA Prosecution Function Standard ÂÂ § 3-1.2 (3d Ed. 1993); NDAA National Prosecution Standard ÂÂ § 1.1 (2d Ed. 1991).

Child and Young Person Develpment Essay

There are certain areas in which a child can develop starting from birth till 19 years. The physical development refers of body development, the motor skills, the co-ordination between the hand and the eye. The social and emotional development includes the relations and the social skills, the feelings for the others and the self –confidence. The intellectual development includes the understanding of the information, the logical thinking and the reasoning. The language development means the speech development which begins from one word to complex sentences. There are some transitions periods from one stage to another which are called milestones. These stages are divided in the most important ages: * 0-3 years * 3-7 years * 7-12 years * 12-19 years At the beginning of a child life I mean from birth till age of three the physical development is concentrated on the perception of sounds and familiar faces like mum and dad faces, their voices, starting sitting, start to walk, feed himself, starting to play, holds crayon in one hand and starting doing marks on paper. The social and emotional development for the child from birth till 3 years it has on the centre of the universe the mother, which feeds him, smiles on her face, depends on her affection, later on he starts to play with children but he stills needs the adult reassurance and attention. Intellectual he realise that others are separate beings and he is another soul. On language the child starts first to make happy sounds, after the age of one year he will begin to use words and after try to create sentences. After 3 years the child starts to jump, run, ride a bicycle, catches a ball, start using pencil, paints and doing buttons and shoe laces. He becomes independent and more sociable and friendly with others, responsible for himself and others. He starts to understand the needs of others, the differences between objects and the sameness. In the language he starts to use past tense, he extends his vocabulary, he will tell stories and start to understand books. After age 9 the child will start playing team games. He starts to form friendships after 8 years old. He starts to read to himself. His vocabulary will develop; he will speak fluently, because of reading loud. Adolescence (12-19 years) is the period of detachment of the child of his parents. The boys will start to develop sex characteristics like deep voice, body hair, and muscle growth. The penis growth will start later. The breast of a girl will start to develop around the age of 10 and also her pubic hair. Some girls can reach physical maturity by the age of 13, others by the age of 15. The adolescent is in a continuous changing and he will feel the need of indepen dence, starts to concentrate of their friends more than parents. He starts to create his own personality. The adolescent start to think on his future, his occupation, making a family, children of his own. He can become sarcastic and ironic but he just tests his new language skills. If a child has a learning difficulty that makes harder for him to learn what others children at the same age are already learning than he may need extra support, or other ways of teaching with the help of a computer, images or sounds. So it is recommended that the activity and the progress of the children needs to be checked so any delay of development needs to be tracked on time and the supports offered on time so the child can develop normally like the others of his age. For example if a child has a language delay, this one can affect the others areas like emotional development, he won’t be able to form relationships, he won’t be able to express feelings, speak in front of the class or the teacher. He will develop a poor image of himself, and his self-confidence will diminish. Also if a child h as language development, this will affect his writing area because he will need to speak to be able to write. So is better that this delays in one area are tracked on time and additional support start as soon as necessary so the child can develop normally in all areas. There are some factors which can affect the child development relied on family conditions like health, the motivation and the support offered by the family, the relations between the child and the family, the background from school and his influence and the influence of the community on child actions. The article of Pamela E. Davis-Kean about The influence on parent education and family income on child shows that parent education is important on child achievement. In this article the income of the family don’t affect negatively the achievement of the child in his education the important effect is more the expectations and beliefs of the family, because a family of high and moderate income may have the same expectation on a child like a poor family. Also the mother and her belief is very important, a mother with higher e ducation may have higher expectations on her children achievement. In this article the warm of the mother and her education affect more the child than the lower-income. The reading has a big effect on achievement for a child. So in conclusion the parents are like models for the children. For example a mother who is a doctor is like a model for a girl which can choose maybe the same job, and the mother’s word value a lot for the child by her position. The teacher can be a model for a child for example when I was a child I use to love the French teacher and because I use to like her I start to love French so she become a model for me she determined me by her attitude to chose the university of foreign languages with French the first option. The environment where the child lives can be a strong influence on his education because if his family don’t offer the support and the warm which the child needs he may not be able to concentrate on his study, he can become shy or interiorised he can lose his self confidence and this can have negatives effects on his development. Once the Learning assistant had identified that that a child has special educational needs he must intervene with through the school action. So the child has an Individual education Plan which shows the actions and the pupils that must work with the child so he can achieve the target. A psychologist is consulted for the intervention that must be done on the child. In this individual plan the parents will also support the child. The school can ask for the help of the specialist or the technology a computer or the local authority may be involved. There may get a daily support for a learning support assistant or he may need to learn in a special school. So if such a placement will be chosen the parents will be informed within 12 weeks by the local authority. A disable person is someone who has a physical or mental impairment, is blind, deaf or dumb or is handicapped by an illness on a long term. A disability might enhance learning difficulty that will need for special education needs. But not all the children that are disables need special education needs. The same not all the children with special education needs will be defined as disabled. From the article: The learning Trust’s approach to SEN, Definitions of SEN and Disability I took the schema from next page. Also the learning assistant must be aware to help the child if he has speech problems, because he may be unable to express thoughts, to form relationships, to communicate. It is very important for a practitioner to be able to develop speech, communication, language and identify the children which has communication needs. If a child is identified with having speech, language and communication needs a language a therapist might be involved and the local authorities and the parents. The difficulties with speech affect all the areas of developments like social and emotional, intellectual and the language area. A child who has a speech difficulty, can’t make friends, he is enable to socialise, he is shy and he lacks of confidence, he finds difficult to understand the information, he can’t create correct sentences, he can’t express his ideas and he can’t establish a right communication with other peer.

Essay about Me Reviews & Guide

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Organizational Culture And Its Cultural Culture - 1144 Words

To greet each other in Tibet, you stick out your tongue and put your hands together in front of your chest. In Japan, it is only polite if you bow to each other when greeting. There are hundreds of different ethnic groups in the world and they all have their own customs and traditions that stemmed out from their underlying culture. Similar to these ethnic groups, each organization also have their own unique culture that guides how people behave and what people believe in within the organization. In formal terms, organizational culture is â€Å"the set of values, norms, guiding beliefs, and understandings that is shared by members of an organization and is taught to new members.† [p.332; Organization theory Design; Daft, Armstrong] Put it in simple terms, it is basically how the employees in a company are expected to behave and go about their daily business. Organizational culture can be observed in visible artifacts and employee behaviors such as symbols, slogan, the way people talk, the way people dress, and even the atmosphere at the workplace. These visible artifacts and observable behaviors reflects the deeper values and beliefs of each member of the organization which in turn represents the true culture. I have the privilege to be working for TD Canada Trust for the past two years and this is an organization that oozes the word â€Å"culture†. First thing you learn at training (rite of passage) is the logo (green armchair) and the slogan (Banking can be t his comfortable) ofShow MoreRelatedCultural Culture, Occupational, And Organizational Cultures1219 Words   |  5 Pages(Ch.2) It was while reading the introduction of this chapter that the realization hit me that ‘Culture’ governs every walk of our life. 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