This document discusses various forms of ethical misconduct that can occur within the legal system. It provides examples of defense attorney misconduct such as using drugs or alcohol during trials. It also discusses types of prosecutorial misconduct like withholding exculpatory evidence. The document then examines issues like judicial misconduct and concerns about false convictions due to mistakes or biases. It explores challenges to prosecutorial independence and ensuring justice. Overall, the document analyzes different types of ethical violations that can undermine fairness within the legal system.
Presentation on how DOAJ is striving to increase the transparency and credibility of open access publishing throughout research communities.
Presentation at the 4ª Conferencia internacional sobre calidad de revistas de ciencias sociales y humanidades (CRECS 2014) Madrid, 8-9 de mayo de 2014
Acceptance speech for Directory of Open Access Journals winning the Ugena prize, awarded by the Sociedad Latina de Comunicación Social.
Going for Gold and Greener Pastures: Open Access Explained
Presentation by Lisa Kruesi, Helen Morgan and Andrew Heath from The University of Queensland Scholarly Publishing and Digititisation Service for Open Access Week, October 2012.
Presentation of a seminar paper (cloud computing seminar at University of Stuttgart 2011). Contains a description of cloud platforms, their significance and a small market overview.
Legality is only a first step
Questions to ask: When faced with a potentially unethical action.
Management’s role
Compliance/Integrity based codes
Corporate social responsibility
A definition and stakeholders
This is a self-explanatory powerpoint lecture with information concerning the NCFCA resolution for 2015. Resolved: That the United States Federal Court system should be significantly reformed.
Many people are unfamiliar with the American Criminal Justice System, so this presentation condenses primary and necessary concepts for easy comprehension so that all can understand how the system functions and why!
Disclaimer: this presentation was completed for an in-class assignment at Rockhurst University. The "for Dummies" branding is not my own and was simply used as a format for the assignment concept.
AGAINST THE DEATH PENALTYStephen B. BrightAttorney Stephen B. Br.pdfapexcomputer54
AGAINST THE DEATH PENALTY
Stephen B. Bright
Attorney Stephen B. Bright is a visiting lecturer at Yale Law School, and President of the
Southern Center for Human Rights. In the essay below, he argues that the death penalty today is
still as arbitrary as it was decades ago, and it should be abolished. Pursuing the death penalty is
based on the decision of individual prosecutors, and juries in white communities hand down
death penalty verdicts more than those in mixed communities. He argues that wrongful
convictions frequently occur and result from poor legal representation, mistaken identifications,
the unreliable testimony of informants who swap their testimony for lenient treatment, and police
and prosecutorial misconduct.” Further, according to Bright, the death penalty does not deter
since murderers are not the kind of people who rationally assess risks, and, even if they were,
they don’t have the right information about the death penalty to make a reasoned judgment.
. . . This is a most appropriate time to assess the costs and benefits of the death penalty. Thirty
years ago, in 1976, the Supreme Court allowed the resumption of capital punishment after
declaring it unconstitutional four years earlier in Furman v. Georgia. Laws passed in response to
Furman were supposed to correct the constitutional defects identified in 1972. However, 30 years
of experience has demonstrated that those laws have failed to do so.
The death penalty is still arbitrary. It\'s still discriminatory. It is still imposed almost
exclusively upon poor people represented by court-appointed lawyers. In many cases the
capabilities of the lawyer have more to do with whether the death penalty is imposed than the
crime. The system is still fallible in deciding both guilt and punishment. In addition, the death
penalty is costly and is not accomplishing anything. And it is beneath a society that has a
reverence for life and recognizes that no human being is beyond redemption.
Many supporters of capital punishment, after years of struggling to make the system
work, have had sober second thoughts about it. Justice Sandra Day O\'Connor, who leaves the
Supreme Court after 25 years of distinguished service, has observed that \"serious questions are
being raised about whether the death penalty is being fairly administered in this country\" and
that \"the system may well be allowing some innocent defendants to be executed.\" Justices
Lewis Powell and Harry Blackmun also voted to uphold death sentences as members of the
court, but eventually came to the conclusion, as Justice Blackmun put it, that \"the death penalty
experiment has failed.\'\"
The Birmingham News announced in November that after years of supporting the death penalty
it could no longer do so \"[b]ecause we have come to believe Alabama\'s capital punishment
system is broken. And because, first and foremost, this newspaper\'s editorial board is committed
to a culture of life.\" . . .
The death penalty is not imposed to .
CHAPTER 8:
Law and Legal Professionals
Lecture Slides prepared by Cheryn Rowell
*
Administers justiceEnforces rightsIs a tool of behavior changeIs educativeNatural law: Laws inherent in the natural world that can be discovered by reason.Positive law: Laws written and enforced by society.
Law
*
Protection from Harm
Social contract theory holds that people sacrifice certain freedoms in exchange for the protection of society.
How much freedom should be sacrificed?
Only the minimum necessary to protect the liberty of others.
*
Justifications for LawThe harm principle: to prevent harm to persons other than the actor (assault, robbery, arson) The offense principle: to prevent serious offense to persons other than the actor (public indecency or lewdness)Legal paternalism: to prevent harm to the actor (seat belts) Legal moralism: to prohibit conduct that is inherently immoral (gambling)Benefit to others: to provide some benefit to persons other than the actor (toxic waste dumping)
*
Protection From Self (Paternalism)
Laws that prevent people from harming themselves.
Ethics of care: OK—behavior is “good” for the subject even though he or she may not agree.
Utilitarianism: OK—such laws reflect a “public good.”
Ethical formalism: NOT OK—violates the concept of treating all with regard.
*
Paternalism with Restrictions?Should be as limited as possible.
Should only apply if a person is incapable of making a competent decision.
Should seek only to prevent a serious and irreversible error.
*
Protection of Morals (Moralism)The state often makes laws based on moral standards, even though there is no consensus within society about these moral standards.
Some behaviors are defined as “wrong” and are prohibited, although those involved in them are consenting.
Legal moralism may change through time.
The U.S. Supreme Court upheld Georgia’s right to declare sodomy illegal in 1986. In 2003, the same court declared Texas’s law against same-sex sodomy unconstitutional.
*
Paradigms of Law
Consensus paradigm
Society is a community of like-minded individuals who agree on goals important for ultimate survival.
Conflict paradigm
Society contains competing and conflicting interests. Governance is based on power; if some win, others lose, and those who hold power promote self-interest.
Pluralist paradigm
Society contains competing interests, but more than two basic interest groups exist; the power balance may shift as part of the dynamics of societal change.
*
Perceptions of Judicial Processing
The Ideal:
The American Justice system is fair and unbiased.
Two equal advocates, with a neutral judge, arrive at the truth.
The Reality:
Most defendants are represented by overworked and/or inexperienced advocates.
*
A “Confidence Game”:
Advocacy a pretence
Individualized justice a pretence
Bureaucratic Justice:
Bureaucratic efficiency supplants goal of justice
Presumption of guilt (plea bargaini ...
SUNY Ulster and European Humanities University (EHU) joined forces in a collaborative course module. Here is the series of lessons and the student responses in discussion boards and using Pixton.
Easy and Accessible is the Power of Moodle in our International Online Collaboration.
Working closely with the SUNY Levin Institute, Globalization101.org and SUNY COIL, Instructional Design and International Programs at SUNY Ulster have forged a unique approach to working internationally online. SUNY Ulster and European Humanities University in Belarus collaborated internationally by combining components of media literacy, contemporary world literature and literary analysis with basic ESL composition skills in a Moodle course space. Moodle provides an easily accessible Learning Management System for ALL students, no matter the country, no matter the home LMS.
Easy and Accessible is the Power of Moodle in our International Online Collaboration.
Working closely with the SUNY Levin Institute, Globalization101.org and SUNY COIL, Instructional Design and International Programs at SUNY Ulster have forged a unique approach to working internationally online. SUNY Ulster and European Humanities University in Belarus collaborated internationally by combining components of media literacy, contemporary world literature and literary analysis with basic ESL composition skills in a Moodle course space. Moodle provides an easily accessible Learning Management System for ALL students, no matter the country, no matter the home LMS.
2. “First . . . Let’s Kill All the Lawyers . .
.”
• The public has little confidence in lawyers’ ability to live
up to ideals of equity, fairness, and justice.
• Both Plato and Aristotle condemned the advocate’s ability
to make the truth appear false and the guilty appear
innocent.
• The lawyers’ ability to argue either side of an issue raises
a level of distrust.
• The law can be a tool of oppression or a sword of power;
lawyers and judges are the ones who wield its power.
3. Attorney Satisfaction
• 50% of lawyers describe their colleagues as
“obnoxious”
• 60% of attorneys who practice law for 6-9 years
were dissatisfied with their careers.
• Only 55% of lawyers were satisfied with their
career.
• Only 44% of all attorneys would recommend law
as a career.
4. Defense Attorney Misconduct
Examples of ineffective counsel in capital cases:
• Attorney use of heroin and cocaine during trial
• Attorney letting defendant wear the same clothes described by victim
• Attorney admitting that he didn't know the applicable law or the facts of
the case
• Attorney not being able to cite a single death penalty case holding
• Attorney drinking heavily each day of the trial
•Bribing Witnesses
•Allowing the client to intimidate a witness
•Instructing a client to destroy physical evidence
•Encourage the client to manufacture an alibi
•Allowing the client to commit perjury.
5. Types of Prosecutorial
Misconduct
• Withholding exculpatory evidence.
• Misusing pretrial publicity.
• Using preemptory challenges to exclude
potential jurors.
• Introducing false evidence in the courtroom.
6. • School janitor near Houston, TX.
• Female volleyball team member went missing
during practice.
• Her body later found—she had been raped
and strangled.
Problems with the Case
• One white, one black janitor found her body.
• Police said “One of you two is going to hang
for this.”
• One officer said, “Since you’re the nigger,
you’re elected.”
• Evidence “lost.”
• Witnesses coerced.
• Contrary evidence ignored.
• Defense not told of witnesses.
Clarence
Brandley
Arrest and
Conviction
(1981)
7. Examples of Prosecutorial
Misconduct
• Concealed evidence that discredited their star
witnesses.
• Suppressed evidence that a murder occurred when
the defendant had an alibi.
• Depicted red paint as blood.
• Portrayed hog blood as human.
• Suppressed statement of eyewitnesses that were
white when prosecuting black men.
8. Types of Prosecutorial
Misconduct
• Received a weapon from the crime scene, but
hid it.
• Hid blood-spatter expert’s report that supported
the defendant.
• Withheld evidence that an informant had framed
the defendant.
• Concealed evidence indicating that a chief
witness was, in fact, the killer.
9. Judicial Misconduct
Judicial misconduct is rare, but does occur.
Neutrality is questioned when judges voice strong opinions on
issues or cases.
A judge may recuse him/herself if he/she has a vested
interest in the issue or one of the parties involved.
Often the mere appearance of impropriety is sufficient to
warrant recusal.
Lack of courtroom decorum could, in extreme cases,
represent judicial misconduct.
10. Examples of Judicial
Misconduct• Failing to inform defendants of their rights
• Coercing guilty pleas
• Exceeding sentencing authority
• Exceeding bail authority
• Denying full and fair hearings
• Abusing criminal contempt power
• Ignoring probable cause requirements
• Denying defendants’ rights
• Penalizing defendants for exercising their rights
11. • Accused of:
o Mishandling two Ohio family court
cases.
o Abusing the rights of those who came
before her.
o Not following the law, and violating
judicial rules.
o Forcing a woman to present her own
case without her attorneys and
prohibiting her from speaking to them.
o Not allowing a court reporter to record
proceedings.
o Denying attorneys the ability to appeal
her decisions.
Judge
Carole
Squire,
Columbus,
Ohio
(2005)
12. Thinking
Point
A Wisconsin Judge has been issued a
verbal reprimand for refusing to hear
cases. Judge John Zodrow openly
announced to the Wisconsin Judicial
Commission that, “the cases can sit and
collect dust until hell freezes over” for all
he cares. Zodrow was protesting the
lack of clerical assistance his office
received. Zodrow has since lost his bid
for reelection.
Was Zodrow’s behavior
“misconduct”?
Was he punished appropriately?
13. Justice on Trial?
False convictions have occurred due to:
• mistaken eyewitness testimony
• perjury by informants
• police and prosecutorial misconduct
• false confessions
• “junk science”
• ineffective assistance of counsel
• racial bias
• “confirmatory bias”
14. • Arena’s cousin accused Arena of
molesting her as a 7-year-old.
• That same cousin has submitted
sworn affidavits saying she lied about
being sexually assaulted at the urging
of her mother, who was embroiled in a
bitter custody battle.
• Arena was labeled a pedophile based
on a misused psychological test with
a 35% error rate.
• Texas Supreme Court threw out
Arena’s 20-year sentence.
• New sentencing hearing pending.
Michael
Arena
Texas
(1999)
15. Justice on Trial?
• Innocence Projects identify and help those who
were wrongly convicted (over 300 thus far).
• Estimates are that 1–15% of convictions are of
innocent people.
• System has subtle bias of presumption of guilt.
• Appellate mechanisms exist in all states and the
federal system to rectify identified errors—why
don’t they?
• System only as good as the individuals who
make the decisions.
16. Two Perceptions
1. “Is it better for 100,000 guilty men to walk free rather
than have one innocent man convicted? The cost–
benefit policy answer is no.” (prosecutor)
2. “No rate of preventable errors that destroy people’s
lives and destroy the lives of those close to them is
acceptable.” (law professor)
Which of these statements represents ethical
formalism? Which statement represents utilitarian
thinking?
17. Prosecutorial Misconduct
and
Noble Cause Corruption
• Confirmatory bias- human tendency to confirm
instead of disconfirm.
• Selective information processing- only
recognizing evidence to fit one’s own theory.
• Belief Perseverance- believing one’s theory
despite evidence to the contrary.
• Avoidance of cognitive dissonance- adjusting
beliefs to maintain existing self perceptions.
18. Responding to Misconduct
• ABA offers formal and informal opinions when
impropriety have been made.
• State bar association can sanction offending
attorneys in private or in public.
• Only 3 percent of investigations by state disciplinary
committees result in public sanctions.
• Only 1 percent of investigations end in disbarment.
19. • United States Department of
Justice creates a list of
attorneys that have been
disciplined.
• The term “expelled” on the
list has been replaced by
“disbarred.”
• Sanctions can also be in the
form of suspensions.
• List covers suspension
since 2000.
List of
Currently
Disciplined
Practitioners
(as of 8/2012)
20. Judicial Independence and the
Constitution
Judges wield great discretion that should be used without
bias.
Like the rest of us, judges are grounded in their personal
ethical belief system.
Implementation of law (as with creation of law) can be a
political process (note: firing of U.S. Attorneys).
The judiciary is supposed to be separate from the executive
or legislative branch of government, but is it?
21. Judicial Independence and the
Constitution
An independent judiciary is a fundamental tenant of the
American governmental system.
But judges are not completely independent, as they must
either stand for election or be appointed.
“Conservative” judges—strict constructionists—support
individual rights specified in the Constitution or created by
some other recognized legal source.
“Liberal” judges—interpretationists—support rights that the
Framers might have recognized or that should be
recognized due to “evolving standards.”
22. The United States Supreme
Court
• The Court’s immense power makes it politically crucial
for both conservatives and liberals to try to exert
control over it.
• Every vacancy results in fierce political battles over the
candidates.
• Historically, the assumption that certain justices will
vote a specific way on specific issues is inaccurate.
• Justices are guided by common-law doctrine, the
Constitution, and their individual ethical orientation, in
addition to political considerations.
23. Where do your rights come
from?
• From the Constitution, law, or governmental
edict?
• “Inalienable rights” inherent in being human only
recognized by these documents
• What are your “natural” rights?
24. Natural Rights
• To be free.
• To be treated equal to other groups.
• To be able to make decisions about personal
matters without governmental interference.
• To be free from torture and punishments that
degrade the human spirit.
• To have some protections against state power.
Editor's Notes
16-year old Cheryl Lee Ferguson was the victim
Clarence Brandley spent 9 years on death row, after being wrongly convicted
He was freed in 1990
Class discussion - http://witnesstoinnocence.org/view_news.php?Clarence-Brandley-s-case-attracts-attention-while-Texas-Senate-passes-bill-to-award-Anthony-Graves-188 Does Clarence Brandley deserve compensation for his wrongful conviction?
What, if anything, should happen to the police for their bias?
What, if anything, should happen to the prosecution team?
Original allegation article - http://www.freerepublic.com/focus/f-news/1500740/posts
Outcome article - http://caselaw.findlaw.com/us-6th-circuit/1533634.html
Lost re-election bid in 2006
License was suspended for 2 years by the Ohio Supreme Court for committing numerous legal errors and displayed an “improper temperment.”
Was Judge Squire’s punishment appropriate?
See associated article - http://www.fox11online.com/dpp/news/former-municipal-judge-zodrow-reprimanded
Class discussion – Should Judge Zodrow be reprimanded for failing to hear cases, when he says he doesn’t have enough staff to process them?
Read article - http://www.statesman.com/news/local/central-texas-man-freed-after-conviction-on-bad-2387307.html
Class discussion – How can a false charge, particularly a pedophilia charge do irreparable damage to one’s character?
If the article is accurate, what repercussions should the mother of the 7-year old face?
Website - http://www.justice.gov/eoir/discipline.htm
Class discussion – Given the fact that it is believed that there are over 1M attorneys in the U.S., do you believe the number of sanctioned attorneys is low?