Criminal Justice - The Cohen’s Principles

The Cohen's Principles are what the lawyers use to define what is right and incorrect. When making choices, attorneys should abide by the principles because they serve as moral guides. Strict adherence to these morals makes sure that the attorneys make the right choices before they make important ones.

It is the defense attorney's responsibility to defend the requested exclusions. The guidelines were established to offer direction on the dos and don'ts that should govern a defense attorney's performance in a court of law. Thus, they stipulate the rules that must be followed when a defense counsel is serving as the representative of the client. Additionally, the defense attorneys look at the alternative prosecution procedures that are used to convict as a victim by looking at the individual cases. Moreover, the lawyer-client relationship, courtroom behavior and maintaining the integrity of their profession are some of the factors that must be observed by a defense attorney. The ethical obligations of a prosecutor are guided by sanctions that prevent them from committing illegal actions. A prosecutor who does not follow the code of conduct is likely to face penalties that prevent him or her from committing the same offense. Thus, some legislative proposals have been set to invest the misconduct of the prosecutors. Therefore, the prosecutors should do investigations and prosecute culpable criminals. In so doing, the prosecutors offer legal advice to the participating bodies in a criminal case. In so doing, the prosecutor cannot disclose the information or evidence than cause mitigation of the case to the defense counsels.

The attorney-client privilege is a legal framework that ensures that the communications between an attorney and his or her client remain secret. An example occurs when an ex-worker wants to sue his former employer. The employer writes a letter to the company’s legal attorney asking for guidance on how to go about the case. In that case, the communication between the company’s attorney and the C.E.O falls under the attorney-client privilege. Nevertheless, the jurisdiction that the information must not be passed to a third party must be held by the two sides.

The Nolle prosecution is a legal term that means a prosecutor when he or she is not willing to pursue a specific case. In an ethical sense, the name should be used when the prosecutor has enough evidence to suggest that the argument holds no water. In a criminal case, it means the prosecutor considers the evidence presented as not enough prosecuting a criminal.

The concept of discovery allows a prosecutor to disclose all the evidence to make people understand why he or she made a particular decision. In so doing, the defense will determine whether they should appeal the judgment.

The desire to win a case by a prosecutor can lead to the violation of the legal and judicial code of conduct. Thus, a misinterpretation of the law happens when the prosecutor fails to consider presentations by the defense team.

The plea bargaining allows the defendant to plead guilty to another charge. The arrangement must ensure the rights of the offended are not compromised and that justice is served.

The offender should be deterred from committing another crime by being penalized.

Yes, criminal punishments must consider the likelihood of another offense being committed. Conviction of an offender who wants to reform is the most probable error in this case.

Discrimination in sentencing is due to the frequency at which an offense is committed. Making an individual decision in every case will prevent such prejudices.