Criminal Justics Ethics

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 U.S. Supreme Court found that if there is any kind of questionable behavior about the proceedings or withholding key evidence. The defendant must be given a new trial. The fact that a magistrate is involved in numerous unethical activities is a sign that he could be withholding key evidence. This means that those who were impacted by his rulings can appeal and demand a new trial under the precedent established by Arizona v. Washington. ("Arizona v. Washington," 2012)

Address each of the above activities and explain whether or not you feel each is ethical or unethical.

In each of the activities, the magistrate is involved in unethical behavior. As far as borrowing money from staff, this is considered to be a violation of Cannon 4 of the Judicial Code (i.e. To engage in activities that are consistent with office). Taking money from other employees is considered to go against these provisions. Publically endorsing another judge is a violation of Cannon 5 (i.e. refraining from political activities). Conducting personal business from chambers is a breach of Cannon 2 (i.e. avoid the appearance of illegal activities). Directing employees to run personal errands is in defiance of Cannon 2. Moreover, telling defendants to pay a charity (in lieu of a fine) and having staff performing translation services is against these provisions as well. ("Code of Conduct," 2012)