Ethical Concerns Surrounding Criminal Defense Work

Authors

  • Connor Maruska Student
  • Mrs. Reischl Teacher for AP English Language and Composition

DOI:

https://doi.org/10.47611/jsrhs.v13i4.6883

Keywords:

Criminal Defense, Ethics, Stereotypes, Justice, Court, Criminal Trials

Abstract

Criminal defense attorneys often receive much backlash from the public because of the nature of their work. They are responsible for representing a person convicted of a crime in court, yet many believe that this action is completely immoral in and of itself. Due to a fair amount of literature (dating back to the late 18th century) that labels the criminal defense profession as being unethical, this literature review seeks to eliminate any stereotypes which degrade the defense sector of the criminal justice system. The review begins by demonstrating the harmful effects of stereotypes in the court room. Next, the review examines ideas which seek to refine the criminal defense process in order to eliminate potential slander on the field. Finally, the review rebuts any claims which label the profession as unethical by showcasing the dire importance of defense function in court. By ridding criminal trials of prejudice towards the defense counsel, the courtroom can operate efficiently and ensure equal justice under the law.

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References or Bibliography

American Bar Association. (2017). Criminal Justice Standards. Defense Function. Part 1, General Standards.

Bayorgeon, J. T. (1958). Ethical Problems in Criminal Defense Work. Institutional Repository for Marquette Law School.

https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2896&context=mulr

Gideon v. Wainwright. (n.d.). Oyez. Retrieved February 18, 2024, from https://www.oyez.org/cases/1962/155

Greenwald, G. (2011). With liberty and justice for some: How the law is used to destroy equality and protect the powerful. Metropolitan Books.

McSorley, J. F. (1998, February). Criminal lawyers or lawyer criminals? Ethics of the criminal defense bar under attack (Vol. 72 pg. 35). The Florida Bar. https://www.floridabar.org/the-florida-bar-journal/criminal-lawyers-or-lawyer-criminals-ethics-of-the-criminal-defense-bar-under-attack/

Schulhofer, S. J., and Friedman, D.D.. "Defendants Should Have the Right to Choose Their Own Defense Attorneys." Criminal Justice, edited by Noël Merino, Greenhaven Press, 2013. Opposing Viewpoints. Gale In Context: Opposing Viewpoints, link.gale.com/apps/doc/EJ3010120291/OVIC?u=chandler_main&sid=bookmark-OVIC&xid=1ea32f96. Accessed 28 Nov. 2023. Originally published as "Improve Legal Defense for Poor with Free-Market Solution," Atlantic Journal-Constitution, 7 Dec. 2010.

Simon, W. H. (1993). The Ethics of Criminal Defense - University of Michigan. Michigan Law Review. https://repository.law.umich.edu/cgi/viewcontent.cgi?params=/context/mlr/article/2437/&path_inf

The State Bar of California Standing Committee on Professional Responsibility and Conduct. (n.d.). Formal opinion No. 1984-76. The State Bar of California. https://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1984-76.htm

Wasserman, D. (2014). [Editorial Cartoon Legal System Lawyer]. Boston Globe. https://www.bostonglobe.com/opinion/2014/10/16/editorial-cartoon-facing-law-without-lawyers/l4Tym9ZPKsk7usIZNH7OCI/story.html

“1773. March 5th. Fryday.,” Founders Online, National Archives, https://founders.archives.gov/documents/Adams/01-02-02-0003-0002-0002. [Original source: The Adams Papers, Diary and Autobiography of John Adams, vol. 2, 1771–1781, ed. L. H. Butterfield. Cambridge, MA: Harvard University Press, 1961, p. 79.] Accessed November 19, 2020.

Published

11-30-2024

How to Cite

Maruska, C., & Reischl, M. (2024). Ethical Concerns Surrounding Criminal Defense Work. Journal of Student Research, 13(4). https://doi.org/10.47611/jsrhs.v13i4.6883

Issue

Section

HS Review Articles