320 Years of History
Gold Member
Regardless of whether you think he is guilty or innocent, it appears that Avery deserved a new trial based on prosecutorial misconduct. Unfortunately, he now has the burden of proving his innocence.
Why do some believe that police, prosecutors and judges are morally or ethically superior to other people? In my experience, people who seek this type of authority are more likely to abuse it.
Well, how many judges and district attorneys do you have direct personal experience with such that you know where their personal ethical bar lies, and that have not only sought those roles, but have also been appointed or elected to them? I'm asking because (1) if five folks seek the office of judge and the one who gets it is the one ethically resolute person among them, you'd be right, but that you would be right would have no real impact on the execution of justice, and (2) you'd need to be personally aware of a hell of a lot of attorneys (there are ~1.25 million of them in the U.S.) for your personal experience to be convincingly relevant with regard to the allusion you made.
One thing that militates for the public's perceiving judges and district attorneys having higher degrees of rectitude is the consequences such professionals face when they show they do not. For most people, ethical lapses have to reach the level of criminality before they must endure any substantive penalty for them. That's just not so with legal professionals who risk disbarment. Once that happens, their legal career is over and starting a comparably rewarding new one is, though not impossible, unlikely to happen.
All it takes is for a prospective employer to make a phone call to their prior employer asking just one question: "is the person rehireable?" The answer will be "no" and that will be that. That question is among the most important ones asked when employers vette prospective experienced-hire employees. That "no" answer is essentially the kiss of death, pretty effectively ensuring that one will not return to the ranks of professional employment, even in an unrelated field.
With regard to cops, well, I think your intimation is largely accurate.
- Ethics in Criminal Justice with an Emphasis in Policing and Corrections
- Police, culture, and ethics: toward an understanding and expansion of police culture and ethical research
- Ethical Conduct in Law Enforcement
- Enactments of Professionalism: A Study of Judges ' and Lawyers' Accounts of Ethics Civility in Litigation
- Ethical and Effective Policing
- (From 1947 - included here to provide temporal perspective) http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=3456&context=jclc and http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=3476&context=jclc
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