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Ch. 8-9

by: Elizabeth Adams

Ch. 8-9 LET 1050-300

Elizabeth Adams
GPA 3.0
Law and Ethics Lecture
Ralph Harvey

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Law and Ethics Lecture
Ralph Harvey
Class Notes
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This 3 page Class Notes was uploaded by Elizabeth Adams on Wednesday October 7, 2015. The Class Notes belongs to LET 1050-300 at Ohio University taught by Ralph Harvey in Summer 2015. Since its upload, it has received 26 views.


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Date Created: 10/07/15
Ch 0 8 Legal advocate o No individual contribution of morality by the lawyer Moral Agent 0 The inclusion of personal views of morality by the lawyer into his or her activities for the client Cohen39s principles for attorney as moral agents 0 Model rules do not prohibit all unethical acts 0 Silence in situations that could result in 3rd party Condlin39s role of lawyers o The hired gun role 0 The gurugodfather role 0 The clientcenteredfriend role Others view defense attorneys as not always seeking clients best interests All attorneys are guided by the ABA and their own state39s bar association Rules govern o Clientlawyer relationship 0 Maintaining integrity of profession Guidance for Lawyers 0 Carol Gilligan39s Ethics of care 0 Active vs Passive o Dinnerstein39s Moral dialogues with clients 0 Pellicotti39s roles of attorneys after their clients commit perjury The Prosecutor o Sanctions for illegal actions by prosecutors are rare 0 There have been legislative proposals to investigate prosecutor misconduct Conclusion In the end attorney39s and their clients must decide for themselves what they feel if right Strong personal ethical code can help everyone make those decisions No easy answer Ch 9 Ethical Challenges For Prosecutors Prosecutors must often elected of cials Appointed in a few states and the federal system Prosecutors have great power Decide whether a case goes to trial Decide what charges will be lled Decide what evidence and witnesses will be presented Decide when a case goes to trial Negotiate guilty pleas Trayvon Martin Homicide 0 Local prosecutors initially declined to prosecute Public Outrage Civil Rights leaders 0 Political leaders Florida Governor White House 0 Special Prosecutor appointed 0 Zimmerman acquitted 0 Ethical questions 0 Political pressure Suppression of evidence Firing of Federal Prosecutors 2007 0 Federal prosecutors o Politically appointed positions 0 Serve at the pleasure of the president 0 Swear an oath that makes L 0 00000000 abor secretary Raymond Donovan 1987 Raymond Donovan US Secretary of labor under president Ronald Reagan indicted on several counts related to construction contracts 0 Acquitted of all charges 0 Democrat pro The thin blue line case 0 Trial and conviction of Randal Dale Adams for the murder of a police of cer 0 Prosecutors agreed to a pretrial deal with David Harris a likely accessory and possibly the actual shooter 0 Harris escaped prosecution for the murder Unique Prosecuted Failings o Prosecutors must be zealous in the pursuit of truth even if it defeats the prosecution o Prosecutors must follow special ABA standards for the prosecution function 0 Questionable ethical power behavior 0 Judge shopping Coaching Misuse of expert witness Failure to disclose evidence 0 Prosecutors have special legal powers Plea Bargain Plea bargain to obtain conviction Prosecutorial discretion Selective prosecution Select cases worthy of prosecution Noe Prosequi Dismissal o Gershman why prosecutors misbehave 0 To win a weak case they will inject inadmissible evidence to in uence juries


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