CJUS 330 Discussion 2

Topic: Prosecutor v. Defense Attorney – Boundaries of Advocacy

As stated in the Lecture Note for this module/week, the prosecutor is charged with finding and pursuing justice. Conversely, the defense attorney is to zealously advocate on behalf of his/her client and to ensure the Constitutional rights of the accused. However, the Lecture Note and the textbook confirm that each side can lose their way in the search for justice and exceed the boundaries of advocacy. The most common boundary violations are prosecutors withholding exculpatory evidence and defense attorneys manipulating the system in an effort to thwart justice, but let us look at the issue from another angle.

Thread: Drawing from the textbook, the lecture note, Scripture, and your scholarly research, answer the following question and provide the rationale for your position:

Would it be acceptable for a prosecutor to destroy evidence of a defendant’s guilt? Is there a moral justification for a defense attorney to ignore a law enforcement officer’s violation of the client’s constitutional rights? Could such actions not be a violation of the public’s trust in the criminal justice system (Whether you agree or disagree, you must support your opinions with scholarly sources)?

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