Discussion post
minimum of 175 words:
What is the relationship between the courts and the legal standards of professional practice in criminal justice? How does this relationship shape the establishment of these standards? Is there a better solution to the role that the court(s) play in establishing the legal standards which apply to the professional practice of criminal justice? Explain.
Response 1 to classmate
The relationship between courts and the legal standards are essential to and for one another. The courts uphold the law, and not only ensure all laws are being followed, but reprimands are being given when those laws are broken. Legal standards provide the courts with a guide as to how to assess and handle cases being presented. The courts and legal standards determine if an individual has in fact broken a law, and based upon the law what form of punishment would be more beneficial in preventing the crime from happening again. The relationship between legal standards and the courts shape the establishment of those standards because it ensures that every action taken was presented and guided by facts of the law. With that relationship its not only for the courts but for all other departments within the criminal justice field, to prevent unethical, and unlawful practices and injustices from continuously occurring, and those reoccurring. Its the ethical code of conduct and moral standards for the justice system to be effective and efficient in all practices.
Response 2 to classmate
What is the relationship between the courts and the legal standards of professional practice in criminal justice? The courts are used to uphold the law when crimes are committed. It is used to hear the facts of both the Prosecutor and the Defense Attorneys have to show if the person that is being charged for a crime is found guilty or innocent, they use facts and information that was given to them by the Law Enforcement agencies who gathered all the information that was available. Their is also ethical standards that they have to abide to in the courts system. The Prosecutorial Ethics are describe by the American Bar Association as ” an administrator of justice, an advocate, and an officer of the court, who must exercise sound discretion in the performance of his or her functions”(Coble, 2018). They have to follow rule 3.8 in the ABA’s Model Rules of Professional Conduct, where the prosecutor must refrain from prosecuting a charge that they know is not supported by probable cause;.
Then we have the Defense lawyer’s ethical conduct in which they have the duty to disclose any relevant laws or rulings to the court that are directly adverse to the defendant and that has not been disclosed by the prosecutor. Defense counsel is essential to the administration of criminal justice.
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