What are the three ethical obligation of a defense attorney and what are the three ethical obligation of a?
prosecuting attorney. How are these obligations similar and how they are different?
Answers:
The defense attorney needs to attempt to assure that the defendant receive due process, no matter the nature of his alleged crime.
The prosecuting attorney wishes to attempt to assure that the alleged victim receives due process.
guard:
duty of candor,
confidentiality
cannot offer evidence that he knows to be false
communicate any plea offer to client and abide by the client’s decision
prosecution:
no confict of interest
no intimidation
no prosecution beyond crime committed - no slamming of additional charges if the others dont travel thru
no plea bargain without interest of community / in need loss to injured party
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Answers:
The defense attorney needs to attempt to assure that the defendant receive due process, no matter the nature of his alleged crime.
The prosecuting attorney wishes to attempt to assure that the alleged victim receives due process.
guard:
duty of candor,
confidentiality
cannot offer evidence that he knows to be false
communicate any plea offer to client and abide by the client’s decision
prosecution:
no confict of interest
no intimidation
no prosecution beyond crime committed - no slamming of additional charges if the others dont travel thru
no plea bargain without interest of community / in need loss to injured party
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