Using the statement discuss The ABA is concerned about growing distrust among the public in the criminal court process, which they believe is the result of certain high profile cases involving “questionable” ethical conduct by both defense attorneys and prosecutors.
Question #1
Your reputation as an “ethical consultant” has soared in recent months due to the great work you did with the Metropolitan Police Department. As a result, you have been hired by the American Bar Association (ABA) to provide ethical guidance on issues related to the conduct of defense attorneys and prosecutors. The ABA is concerned about growing distrust among the public in the criminal court process, which they believe is the result of certain high profile cases involving “questionable” ethical conduct by both defense attorneys and prosecutors.
After several meetings and intense debates, the ABA is considering two proposals. The first is to relax confidentiality requirements for defense attorneys, which would allow them to disclose information that might prevent or rectify a wrongful conviction without their client’s consent. The second proposal would prohibit the involvement of prosecutors in asset forfeiture proceedings. Your job as the ethical consultant is to provide your feedback on each of these proposals. When addressing each of these proposals, you should:
1. Thoroughly demonstrate your understanding of the topic
2. Identify the and discuss the potential positive and negative ethical consequences that might result from each proposal
3. Make a recommendation as to whether you believe the ABA should move forward with each of the proposals
a. Your recommendation should be grounded in an ethical framework(s) discussed in Chapter 2 of your text.