The rights of accused criminals are advocated through the use of criminal justice systems which aim at fairly punishing criminals with the objective of rehabilitating the criminals (Fuller, 2005). The system comprises law enforcers that is the policemen, adjudication that is the court system and the correction facilities which include prisons and probation among others (Fuller, 2005). Attorneys are required to be qualified in that they have graduated from an accredited law school and passed the state bar examination. A criminal justice attorney should adhere to the legal and ethical framework while representing their clients in an attempt of perpetuating consideration principles in the case (Fuller, 2005).
Attorneys are classified into two according to the role they emanate during a trial. Prosecutors represent the government to perpetuate their obligation of protecting the society from unlawful menace. They are also supposed to access the claims brought forward to determine if the evidence in the investigation report is sufficient to file a criminal complaint against the accused or to withdraw the charges. In the event of development of a court hearing the prosecutors are responsible with availing witnesses to support their claims. The prosecutor is also obligated to explain the criminal offenses committed by the accused and elaborate to them their rights. On the other hand the defense attorney represents the accused ensuring their rights are respected and they are accorded fair trial treatment (Savelsberg et al., 2005).
In general criminal justice attorneys are supposed to offer protection to all citizens of the country they are licensed in to ensure the accused receive fair and just trial (Savelsberg et al., 2005). According to the Sixth Amendment of the United States Constitution all criminals are accorded the right to defense from an attorney to enable them enjoy a fast trial (Capone, 2003). The mandate stipulated by the constitution ensures attorneys represent criminal even if they do not know them regardless of the crime committed (Capone, 2003). For instance although manslaughter is against human norms and Christian ethics, John Adams and Josiah Quincy represented 8 British soldiers who killed five civilians and wounded others in Boston, Massachusetts. The judge acquainted six of the soldiers and convicted two of the remaining with manslaughter charges. Therefore if the two attorneys had not intervened, the rights of the six soldiers would have been at stake (Kennedy, 2000).
The criminal justice attorneys also offer legal advice to the accused to direct them in instances that require cooperation with the prosecutors so as to get a fair deal from the trial. The attorney also guides the accused on the behavioral code and language to use during such negotiations or when in court, thus the need for the lawyer to be qualified, knowledgeable and an expert in criminal law. The attorney should also be independent to perpetuate a fair trial to their clients. This will prevent their clients from being implicated of crimes they had not committed thus the protection of their personal welfare. To accomplish this, the attorney is required to adhere to the stipulated principles of Lasting Power of Attorney (LPA). In the event transparency which perpetuates truthfulness as required by Christian ethics will prevail (Hanes & Harnes, 2005)
The attorney is supposed to make rational decision in regards to the criminal’s interests by stimulating his duty of due care outlined in Chapter 7 of code of practices (Savelsberg et al., 2005). By so doing the attorneys will not unscrupulously benefiting over the disadvantage of the accused. Therefore conflicts of interest between the accused and the attorney will not arise. The Code of practice also mandates the attorneys to stimulate their duty of confidentiality which enables them to keep personal information of the criminal as a secret unless the accused states otherwise. This will help the attorney to act in good faith stimulated by honesty and integrity. Therefore it is ethically wrong for attorneys to neglect their duties or prejudice against the accused for they too have a right to fair treatment as stipulated by the Biblical teachings which accords fair treatment to everybody regardless of their gender, race, ethnicity or behaviors. In fact Christianity propels rehabilitative treatment to criminals to effect their change in unlawful behaviors (Savelsberg et al., 2005).
Attorneys should not only protect or represent their clients, they should also aim at helping their clients to cope with the trauma of the criminal offense by availing to them follow up counseling services. Therefore they will be helping their clients to effectively recovery from their trauma and thus be mentally conscious during the trial. This is in accordance to morals of Christianity which advocates for actions to be taken against a conscious person who understands why he is been questioned and will thus be in a position to accept his mistakes and look forward to amend them by emanating moral codes that adhere to human norms and ethical codes (Fuller, 2005).
Therefore, the public is entitled to learn concept of criminal justice and the role of the disciplines involved. This will enable them to perpetuate justice and fair treatment in criminal justice and thus get the correct representations if they find themselves in situations that requires the intervention of attorneys.
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Capone, J., (2003). Facilitating Fairness: The Judge’s Role in the Sixth Amendment Right to Effective Counsel. Journal of Criminal Law & Criminology 93(4), 881-912.
Fuller, R. J., (2005). Criminal Justice: Mainstream and Crosscurrents. Upper Saddle River, NJ: Prentice Hall.
Hanes, C. R. & Harnes, M. S., (2005). Crime and Punishment in America. Farmington Hills, MI: Thomas Gale.
Kennedy, E. M., (2000). “Fight evil, Forget Freedom: Human Rights. Journal of the Section of Individual Rights & Responsibilities 17(3), 36-46.
Savelsberg, J. J., Lara, L. C. & Ryan, D. K., (2004). “Institutional Environments and Scholarly Work: American Criminology, 1951-1993”. Social Forces 82(4), 1275– 1302.