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Sometimes there are ethical rules in place, such as a judge is not allowed to hear a case for his own family member. Another example is a lawyer can not present a criminal defense case in front of a judge that is a family member. But, I also consider it extremely unethical when the lawyer and judge go around this rule and make special requests and favors for and from their friends (other police officers, judges, lawyers, etc.). The lawyer I worked for had responded to me that "it is all so political". They all get away with it.
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Asked 10/7/2012 10:21:04 AM
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Is it ethical for a prosecutor to file criminal charges when the prosecutor does not have sufficient evidence of guilt, but believes the individual is guilty? Explain.
Weegy: The simple fact is that no, a prosecutor need not have legally sufficient evidence to bring criminal charges. "Sufficient evidence" is something which must be determined by a trier of fact. [ However, to make sure that a prosecutor does have ample evidence to justify a defendant being bound over for trial on a criminal charge- - the court allows the defendant to have a Preliminary Hearing in certain circumstances. This hearing follows the arraignment and is an opportunity for the defendant to have a mini-trial. The prosecutor at the Preliminary Hearing must show to the judge that there is Probable Cause to believe that a defendant has acted in violation of the law as they are charged. This is a low burden- -quite unlike the requirement in a criminal trial that requires a defendant to be found guilty "beyond a reasonable doubt". Now, there is another way a defendant can be brought to trial and that is to be indicted by the Grand Jury. If a prosecutor goes before a grand jury to seek an indictment, the defendant does not have the right to a preliminary hearing, and if the grand jury returns an indictment, the defendant will proceed directly to trial. So, as regards XXXXX XXXXX of it all- -clearly it is not ethical for a prosecutor to file charges against an individual if there are insufficient facts to convince the prosecutor of the defendant's participation is a crime. However, the amount of evidence needed by the prosecutor to charge, is not as much evidence as will be needed to convict. Read more: Is it ethical for a prosecutor to file criminal charges when - JustAnswer ] (More)
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Asked 10/13/2012 9:45:54 AM
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