Prosecutorial and defense attorney misconduct within the justice system

Boundaries of Advocacy

Prosecutors and defense attorneys are pitted against each other in a system of justice. The ultimate goal of this system is to serve the public's best interest by maintaining order and supplying some rules for a just society. However, in every case that is tried, there are boundaries that can be crossed by either side. Crossing these boundaries can have severe implications for the public good. Prosecutors can often convict individuals who are innocent and defense attorneys can help acquit an individual who is guilty in reality. Such actions are not consistent with an effective justice system, yet they are common occurrences. According to a 2003 study, "Local prosecutors in many of the 2,341 jurisdictions across the nation have stretched, bent or broken rules to win convictions…. Since 1970, individual judges and appellate court panels cited prosecutorial misconduct as a factor when dismissing charges, reversing convictions or reducing sentences in over 2,000 cases (Weinburg, 2003).

The same types of overreach in the boundaries of advocacy can be found by defense attorneys as well. They are tasked with ensuring that the constitutional rights of their clients are upheld. Defense attorneys can exhibit unethical behavior in two ways: 1) going too far in their zealous representation or 2) not going far enough to represent their client zealously. If they go too far in the representation of their clients they can help free a guilt individual which is a violation of the public good.