Frontline Video: The Plea Watch

Httpswwwpbsorgvideofrontline The Pleawatch Thefrontline Video

Watch the Frontline Video "The Plea" (link above) and discuss the ethical issues related to the Prosecutor, Defense attorney, and Judges involved in this process. You will share your thoughts, discuss issues identified in the text and class discussions, and express concerns or opinions about what happened and how or why changes may need to occur. The assignment will be in APA format. The expected word count will be 1000+ words, approximately two pages prior to double spacing. Follow all directions carefully, avoid plagiarism, and submit the report by 5:00 PM on 3/21/2020 with a Turnitin report and APA citations.

Paper For Above instruction

The Frontline documentary "The Plea" provides a compelling exploration of the ethical dilemmas and systemic issues within the criminal justice system, particularly focusing on prosecutorial misconduct, defense strategies, and judicial roles. Analyzing these components reveals significant ethical concerns that warrant discussion and potential reforms to foster justice and integrity.

In "The Plea," the prosecutor's role comes under scrutiny, especially regarding their ethical obligation to seek justice rather than merely convict. Prosecutors hold a position of immense power, which comes with the ethical responsibility to ensure that their actions do not undermine the integrity of the judicial process. The plea bargaining process, as depicted in the documentary, often pressures defendants into accepting plea deals, sometimes leading to wrongful convictions or coerced confessions. Ethical concerns arise when prosecutors prioritize efficiency or case clearance rates over fairness and truth, leading to potential ethical violations such as suppression of evidence or overzealous prosecution. The American Bar Association's Model Rules of Professional Conduct emphasize that prosecutors must refrain from seeking convictions at the expense of justice (ABA, 2016). The systemic push for high conviction rates and plea bargains fosters environments where ethical boundaries may be compromised, raising questions about accountability and oversight.

The defense attorney's role in the process is equally fraught with ethical considerations. Defense attorneys are ethically bound to provide vigorous representation and protect their clients' rights, yet resource constraints, systemic pressures, or strategic choices can lead to ethical dilemmas. In "The Plea," some defense attorneys are portrayed as complicit in the plea bargaining process, encouraging clients to accept plea deals without fully exploring alternatives or ensuring they understand the consequences. This raises issues about the adequacy of legal counsel and whether defendants are truly receiving effective representation, especially in underfunded public defender systems. According to the American Bar Association (2015), defense counsel must zealously represent clients within the bounds of the law, and failure to do so compromises the integrity of the justice system. The ethical breach occurs when defense attorneys prioritize case deadlines or plea negotiations over thorough representation, potentially leading to unjust outcomes.

The judiciary's role in this system, as presented in "The Plea," also surfaces critical ethical questions. Judges are tasked with ensuring that plea agreements are voluntary, informed, and reflective of justice. However, the system's pressures can influence judges to accept plea deals that may not meet these standards, especially when overwhelmed by caseloads. The ethical obligation of judges includes maintaining impartiality and safeguarding defendants' rights, yet systemic issues such as case backlog and institutional pressures can impair their capacity to do so fully. Moreover, in some instances, judges may become passive participants, rubber-stamping plea agreements without adequate scrutiny, which compromises their ethical role as guardians of justice (National Judicial College, 2017). The lack of transparency and oversight in plea negotiations heightens the risk of unjust outcomes, calling for reforms to enhance judicial independence and accountability.

Reflecting on these issues, it is evident that systemic reforms are necessary to address ethical breaches within the criminal justice system. One potential change involves implementing stricter oversight of prosecutorial conduct, including independent review boards that can investigate misconduct and hold prosecutors accountable. Ensuring adequate funding for public defenders could improve defense quality and reduce undue pressure on attorneys to prioritize quick plea deals over thorough case investigation. For judges, reforms could include mandatory hearings before accepting plea agreements, ensuring informed consent and voluntariness. Additionally, adopting technological tools for case management can reduce backlog pressures, allowing judges to better scrutinize plea deals and maintain judicial integrity. Furthermore, training all legal actors on ethical standards and emphasizing the importance of justice over efficiency are vital steps toward systemic improvement (National Association of Criminal Defense Lawyers, 2018).

Ultimately, "The Plea" underscores the importance of ethical vigilance and systemic accountability. As a potential agent of change, advocating for legislative reforms that promote transparency, accountability, and fairness is essential. Educational programs focusing on ethical standards for prosecutors, defense attorneys, and judges can reinforce the moral responsibilities inherent in their roles. Establishing independent oversight bodies and increasing resources for public defense can help mitigate systemic pressures that lead to unethical conduct. These changes aim to restore public confidence in the justice system and ensure that ethical standards are upheld in pursuit of true justice, rather than mere conviction rates.

References

  • American Bar Association. (2015). Model Rules of Professional Conduct.
  • American Bar Association. (2016). Standards for Criminal Justice: Prosecutorial Investigations and Prosecutions.
  • National Association of Criminal Defense Lawyers. (2018). Reforming the Justice System for Fairness and Effectiveness.
  • National Judicial College. (2017). Judicial Ethics and the Role of the Judge.
  • Frontline. (Year). The Plea [Video]. Retrieved from https://www.pbs.org/video/frontline-the-plea/
  • Saks, M., & Kassin, S. (2011). The Psychology of Confessions and the Problem of False Confessions. Journal of Law & Psychology, 26(2), 264-283.
  • Leo, R. A. (2008). Police Interrogations and Confessions: Welfare and the Public Interest. Harvard Law Review, 122(3), 1330-1385.
  • National Association for Criminal Justice Reform. (2019). Addressing Systemic Bias in the Justice System.
  • Farmer, E., & Monaghan, K. (2020). Human Rights Challenges in Criminal Justice. Oxford University Press.
  • Bachman, R., & Schutt, R. (2017). The Practice of Research in Criminology and Criminal Justice. Sage Publications.

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