Criminal Justice Ethics
In the U.S. legal system, magistrates have been given tremendous amounts of power. This is because they play a central role in reducing the workloads for the courts. In a number of cases, they can work on special assignments for them. These are individuals who are appointed to perform a specific function (such as: supervising discovery and pretrial proceedings). The different powers can place someone in a position where they can abuse their authority. ("Code of Conduct," 2012)
In the case that is being examined, the magistrate has engaged in questionable behavior. To fully understand what is happening there will be a focus on if these activities are considered to be unethical and if they should be disciplined. Together, these different elements will show how these activities are considered to be unethical.
Which, if any, of these activities would be considered unethical? Why?
There are a number of actions that are considered to be illegal. These include: borrowing money from staff, publically endorsing / campaigning for another judge, conducting personal business from court chambers, directing employees to personal run errands during court hours, telling defendants they can contribute to a specific charity (versus paying a fine) and using employees to perform translation service for his mother' day care center. Under the Judicial Code of conduct all these activities are in violation of Cannons 1 through 5. ("Code of Conduct," 2012)
Moreover, this position allows this person to influence court decisions. This creates the appearance that there may be some kind of illegal activity that is occurring based upon these abuses. If this is allowed to continue, many defendants could appeal and claim that the magistrate's influence impacted their ability to receive a fair trial. This is the point that a number of convictions could be overturned. ("Code of Conduct," 2012)
Which of these activities, if any, would be considered ethical and acceptable? Why?
None of the magistrate's activities are considered to be acceptable. This is because it is allowing him to use his position for his own personal advantage. Over the course of time, this will influence the outcome of cases and the decisions that are made. ("Code of Conduct," 2012)
Use any research or examples to support your arguments.
For example, in Arizona v. Washington the…
Sample Source(s) Used
References
Arizona v. Washington. (2012). U.S. Supreme Court Center. Retrieved from: http://supreme.justia.com/cases/federal/us/434/497/case.html
Code of Conduct. (2012). U.S. Courts. Retrieved from: http://www.uscourts.gov/RulesAndPolicies/CodesOfConduct/CodeConductUnitedStatesJudges.aspx
Rule 59. (2012). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/rules/frcrmp/rule_59
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