Criminal Justice Ethical Issues

Lawyer Misconduct and the Sixth Amendment Rights of the Accused
1
The responsibility of the law in preventing harm to oneself and upholding social morals varies from state to state. For example, in parts of Nevada, prostitution is legal; in other parts, it is not. The same goes for drug use. In some states, like Colorado, marijuana use has been legalized. In other states, it is still illegal and even under federal law it is illegal. Thus, in a democracy, the people are ultimately the ones to determine what their laws will be. However, there are definitely organizations that lobby for certain laws to be passed. For instance, prior to Prohibition, there were organizations that lobbied to have alcohol banned and eventually their voices were heard at the federal level.
The responsibility of the law in preventing harm to oneself is ultimately a controversial one in a liberty-loving society. People believe they should have the right to freedom, to do with themselves what they want. Criminalizing prostitution, drug use, or drinking does not mean that the human desire for these things goes away. Nor does making these things legal mean that it is okay or moral for a person to do them. When vices are legalized, it is just a recognition that people in society are going to have vices and will want to indulge them.
It used to be the case that vices were understood and accepted as part of human nature and so there would be the “red light” districts where people went to indulge themselves. This seems a more humane way to approach the issue of whether to criminalize vice. By zoning it and making it available only in certain areas, one can keep it at the margins of society. This is essentially what Nevada does (Rindels, 2018). From a utilitarian perspective, it also makes sense that for the common good this would be the most ethical approach.
2
Defense attorney misconduct including ineffective counsel, subordination of perjury and use of questionable expert witnesses—these are all examples of unethical practices by one’s lawyer. A person has a Constitutional right to mount a defense, and if his lawyer is not representing him effectively, the person is not get his just due before the law.
Ineffective counsel is one example of this: The Sixth Amendment guarantees criminal defendants the right to effective legal representation (Wilhelm, 2019). For example if a lawyer does not conduct pretrial discovery and thus does not object to evidence presented in court that was obtained illegally then that lawyer is demonstrating ineffective counsel.
Subordination of perjury occurs when a lawyer tells the defendant to swear a false oath to tell the truth in the court. This is akin to the lawyer telling the person to commit a crime—because that is what it is—a crime.
Questionable expert witnesses are used when a lawyer fails to get an expert witness to counter another’s testimony of evidence from the prosecutor. The defense has to be there to defend the person who is charged—and that defense should be carried out according to the standards of the practice of the law. From a deontological perspective—i.e., the standpoint of duty ethics—the lawyer owes a duty to the individual he is representing. His moral duty is towards that person, and if he is failing in his duty to defend him, his conduct is unethical.
References
Rindels, M. (2018). How legal prostitution works in Nevada. Retrieved from https://thenevadaindependent.com/article/the-indy-explains-how-legal-prostitution-works-in-nevada
Wilhelm, R. (2019). Effective counsel. Retrieved from https://www.lawyers.com/legal-info/criminal/criminal-law-basics/effective-or-ineffective-assistance-of-counsel.html