Reference no: EM132688024
Assignment: Evaluate the equity of due process in the United States.
Instructions
The United States judicial systems are based on the Constitution of the United States guaranteeing due process of the law. All court officers, prosecutors, defense attorneys, public defenders, and judges are bound to an oath of office and the code of ethics to obey to the law. Everybody is equal in front of the law. Is this statement still valid?
Create a critical analysis based on the following statements:
The prosecutor evaluates the evidence and facts of a case and decides to prosecute or to nolle prosequi the criminal cases. Explain how the "the desire to win" can lead a prosecutor to pursue a case that should be dropped? Provide an example to strengthen your argument.
Most minority offenders are indigent and can't afford a private defense attorney. Therefore, the court will assign a public defender to represent the defendant. The public defender maintains a heavy workload with minimum budgets.
Does the public defender behave ethically when he or she is pushing plea bargains in most cases or is plea bargaining a violation of a defendant's rights to due process?
In the prisons and jails, minorities represent most of the population.
Determine if sentencing decisions discriminate against certain groups.
Determine if more whites are sentenced to probation versus minorities, even when they commit the same crime. Support your answer with statistical information.
Indicate if those sentences are unethical, and then determine what can be done to minimize discrimination.
Most of the sentences are retributive, resulting in incarceration. Consider the three ethical frameworks for punishment: 1) utilitarianism, 2) deontology, and 3) peacemaking.
Which framework should serve as the ethical framework for punishment today? Support your decision with an example.