Weeeeeeek 2

Courtroom participants' professional standards

Jennifer Clancy

CJA/224

April 12, 2012

Kenneth Overwater

* In this paper I will discuss what t a prosecutorial misconduct, ineffective assistant by criminal defense counsel and judicial misconduct are along with real life situations. I will also answer the following questions

What did the prosecutor do wrong? How does immunity protect the prosecutor from the consequences of his or her misconduct?

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What did the criminal defense attorney do wrong? What is the Strickland v. Washington standard? Refer to Ch. 10 of Courts and Criminal Justice in America. How do the performance prong and the prejudice prong of the Strickland standard apply to the example?

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What did the judge do wrong? Which judicial selection option—appointment, election, or merit—would help to reduce instances of judicial misconduct?

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How does the misconduct or ineffectiveness of these courtroom participants reflect or thwart the crime control model of criminal justice? How does the misconduct or ineffectiveness of these courtroom participants reflect or thwart the due process model of criminal justice?

* Prosecutorial Misconduct

* What is Prosecutorial misconduct is an illegal in attempt to sway the jury to wrongly convict a defendant or try to get them charged with a more harsher punishment that may not be appropriate due to the criminal act . Everyday people are wrongfully convicted some people sit for many years before they even get heard and able to be seen in a court.

* Ineffective assistance by criminal defense counsel

Ineffective assistance of counsel is when an attorney's services to a defendant are ineffective that their attorney would violate the Sixth Amendment of the Constitution. The Supreme Court defined ineffective assistance of counsel in the landmark case Strickland v. Washington (1984).

To show ineffective assistance, first the defendant would have to show that his attorney's...