What are the ethical issues of prosecution?
Asked by: Danielle Monahan | Last update: November 21, 2025Score: 4.4/5 (37 votes)
During trial, ethical issues include: the types of questions asked; subornation of perjury; and improper closing arguments. Post-conviction, prosecutors have an ethical, and sometimes legal, duty to preserve a copy of both the discovery material provided to the defense and any physical evidence that was collected.
What are the ethical issues with prosecutors?
Here, I shall discuss only three of the many ethical problems along the prosecutor's way: selective prosecution, prejudgment of credibility, and conflict of interest. While perhaps not the hardest questions, I think they are both important and perplexing.
What are the ethics of criminal prosecution?
Prosecutorial Ethics
The ethical obligations of prosecutors include: Disclosing Exculpatory Evidence — Prosecutors must be willing and able to disclose all evidence, including exculpatory evidence that may favor the defendant, to ensure that a fair and objective trial takes place.
What are the challenges of prosecution?
Although crime levels are at their lowest in more than 25 years, prosecutors face signifi- cant challenges from, for example, persistent violent crime in urban areas, difficulties in obtaining the technical capa- bilities necessary to identify and prevent cybercrime, and the opioid epidemic that has devastated ...
What are the four 4 ethical issues?
Privacy, accuracy, property and accessibility, these are the four major issues of information ethics for the information age.
Ethical Issues for Prosecutors
What are the 3 basic types of ethical issues?
Virtue ethics: What is moral is what makes us the best person we could be. Deontology: What is moral is what follows from absolute moral duties. Utilitarianism: What is morally right is what generates the best outcome for the largest number of people.
What are the ethical principles of justice?
Justice - The concepts of justice are commonly understood as (1) to each person an equal share, (2) to each person according to individual need, (3) to each person according to individual effort, (4) to each person according to societal contribution, and (5) to each person according to merit.
Which factor would be unethical for a prosecutor?
It is unethical for prosecutors to consider a victim's income or social status when making charging decisions. Instead, prosecutors should base their decisions solely on the facts of the case, the evidence available, and the law.
What is a weakness for the prosecution?
The prosecution's witnesses lack credibility. The prosecution struggles to prove motive. Your Constitutional rights were violated, either through an illegal search and seizure or improper interrogation techniques. You have strong evidence that contradicts the evidence presented by the prosecution.
What is the hindrance of prosecution?
Hindering apprehension or prosecution charges can stem from a variety of different scenarios. They can arise as a result of harboring a suspect, providing them with the resources (i.e. money, weapons), providing them with information (i.e. warning) and/or actively obstructing their apprehension but use of force.
What is the prosecution code of ethics?
The prosecutor serves the public interest and should act with integrity and balanced judgment to increase public safety both by pursuing appropriate criminal charges of appropriate severity, and by exercising discretion to not pursue criminal charges in appropriate circumstances.
What are some ethical issues in court?
Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.
Which ethical issues arise for prosecutors in Quizlet?
Ethical issues may arise in the areas of: use of discretion (determining who to charge), conflicts of interest (and how they affect decision making), plea bargaining (specifically, whether to overcharge and/or hide exculpatory evidence), media relations (and how much it reveals about a case), expert witnesses ( ...
What is an ethical issue in law enforcement?
The most pressing ethical concerns in the law enforcement field include: The use of force during policing. Profiling as part of policing. Eliminating bias from policing. Adhering to a strict set of ethical standards as part of off-duty life.
What are the duties and ethics of the prosecutor?
Functions and Duties of the Prosecutor
The prosecutor serves the public interest and should act with integrity and balanced judgment to increase public safety both by pursuing appropriate criminal charges of appropriate severity, and by exercising discretion to not pursue criminal charges in appropriate circumstances.
What are the most problematic types of unethical behavior that prosecutors may potentially engage in?
- failing to disclose exculpatory evidence,
- introducing false evidence,
- using improper arguments, and.
- discriminating in jury selection.
What are the challenges of being a prosecutor?
One of the challenges prosecutors speak of is the difficulty in coordinating a large number of witnesses during trial. The ability to work with a diverse group of people is a key quality of most successful prosecutors.
How can you tell if the prosecutor has a weak case?
If the prosecutor does not have enough evidence to prove an element of the crime, then that is a strong sign that they have a weak case. If they have no evidence at all to prove an element of the crime, the district attorney should drop the charges.
What ethical issues do prosecutors face?
During trial, ethical issues include: the types of questions asked; subornation of perjury; and improper closing arguments. Post-conviction, prosecutors have an ethical, and sometimes legal, duty to preserve a copy of both the discovery material provided to the defense and any physical evidence that was collected.
What are three examples of prosecutorial misconduct?
- Evidence tampering.
- Failing to admit evidence that exonerates the defendant.
- Practices like entrapment or pressuring a person to commit a crime.
- Inducing a plea bargain through threat or unfounded assurances.
- Intentionally presenting false evidence or witness testimony that's factually untrue.
What not to say to a prosecutor?
- Agreeing to a deal you don't understand: Sometimes, a prosecutor may try to negotiate your charges with you. ...
- Giving them information they don't know: Much like police, prosecutors may also try to act like your friend when speaking with them.
What are ethical concerns?
An ethical concern is any area of life where one has to decide what is right and wrong, what is proper and improper. We are concerned (interested, worried) to know the best answer about what to do, say, or think.
What is justice code of ethics?
A Justice should respect and comply with the law and act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. B. OUTSIDE INFLUENCE. A Justice should not allow family, social, political, financial, or other relationships to influence official conduct or judgment.
What is justice 4 pillars of ethics?
Autonomy – respect for the patient's right to self-determination. Beneficence – the duty to 'do good' Non-Maleficence – the duty to 'not do bad' Justice – to treat all people equally and equitably.