Courtroom Participants’ Professional Standards

Courtroom Participants’ Professional Standards

CJA/224

In todays courtroom there is a delicate balance that must be kept in order for a trial to be carried out fairly. You have three key roles in the courtroom, the judge, defense attorney and prosecuting attorney. Each one has a set of rules they must follow. If one of these three people does not adhere to the standards set out for them, innocent lives can be damaged and guilty people can walk free.

Prosecutorial misconduct, although is rare can have devastating affects. An overzealous prosecutor can turn a blind eye to facts leading them away from the accused. In the case Ralph Armstrong, convicted rapist and murder such happened. In 1981 Ralph Armstrong was convicted of raping and murdering a fellow student at the University Of Wisconsin. In 1995 the prosecuting attorney John Norsetter received a phone call from a lady stating that Ralphs Brother Stephen who had been with Ralph the night of the murder confessed to killing Charise. Stephen and Ralph had been partying with the victim the night of her death; Ralph became the prime suspect because he owned Charise boyfriend money. Even though Armstrong’s case was on appeal when Norsetter learned of the confession in 1995, he never told defense attorneys about the phone call and never pursued the lead (“Innocence Project”, n.d.) It wasn’t until 2006 that the supreme court order a new trial based on DNA testing was done. The supreme court ordered that anytime the prosecutors moved or had evidence analyzed, they were to notify the defense. The prosecutor violated this order when he had DNA testing done on evidence in the case. By doing this evidence was used up and no other testing could be done. The case against Ralph Armstrong was dismissed. Judge Robert E. Kenney said that the prosecutor’s actions “stemmed from a series of conscious decisions that had very adverse consequences.” (“Innocence Project”, n.d.) By the prosecutor with holding the new evidence of the confession and subjecting vital DNA evidence to more testing which rendered it useless, he prolonged Ralph Armstrong’s time in prison and allowed a guilty man to walk free.

Another Important role in the courts is the defense attorney. Their job is to provide their client with the best possible defense and to advise them all actions in the case. This was not the case with Tyrone Miles in California. Because of California’s three-strike law, If the defendant was convicted of any felony with two or more prior strikes, the law mandated a state prison term of at least 25 years to life. (“California Courts”, 2014). Because Miles had two prior felonies, when he committed his third fellow he was eligible for the three-strike law. He defense attorney Lawrence Meyer did not provide adequate counsel when he advised his client to reject the plea agreement of six years. His client was aware that this was is third strike and could possible lead him to 25 years in prison. Miles stated that he was advised by his client to reject the offer and try to get a better plea. He stated that if he would have know that he could face 25 years in prison he would not have rejected the deal. Because Meyer did not properly advise his client on all the details of what he could possible be facing, he was not providing the best defense for Miles. The Court Of Appeals, found that Meyer performed deficiently. The standard for ineffective assistance of counsel is to show that counsel’s performance was deficient and that the defendant was prejudiced. Strickland v. Washington,(1984) 466 U.S. 687. The Court found both of these conditions to be true and reversed the decision and remanded the case back to the trial court. (“California Courts”, 2014).

Another key role is the judge. The judge is required to set aside all feelings and personal beliefs whatever they maybe, when presiding over a case. This was not the case in Cocke County Tennessee. Judge Lu Ann Ballew allowed her personal beliefs to cloud her judgment when hearing a case involving a 7 month old. Judge Ballew allowed her personal religious beliefs get in the way of her duties as a judge. She orders Parents Jaleesa and Jawaan to change their child’s first name from Messiah. She stated “The word Messiah is a title, and it’s a title that has only been earned by one person, and that one person is Jesus Christ.” (“The Thing Itself Speaks”, n.d.) Although the parents had gone in front of judge Ballew for help deciding the name of the baby, it was the surname that was to be decided on not the first. The parents appealed the judge’s order, which was deemed unconstitutional. Judge Ballew was charged with judicial misconduct. The formal charges against Child Support Magistrate Lu Ann Ballew say she failed to promote confidence in the judiciary or uphold the law without bias or partiality. (“The Thing Itself Speaks”, n.d.). Judge Ballew showed disregard for the First Amendment with her ruling.

Each one of these roles, the prosecutor, defense attorney and judge can have great impact on the justice system. By doing their jobs to the best of their abilities and upholding the oaths they took, they can ensure cases are handled correctly. When they allow themselves to not care about the jobs they are doing or the oaths they took, the outcomes can be devastating. By allowing their personal feelings to cloud their judgments or their own pride to get in the way of justice, proper justice cannot be served. Every person deserves a fair and speedy trial. The accused but their trust into their defense attorneys in hopes for the best possible outcome. The American public puts their trust in the District Attorneys Office to gather call the facts and make the correct decisions and to correct any wrong doings. Judges are to maintain order in the court and not allow personal feelings to cloud the judgments being made. If all of this is not done then proper judgements can not be made and justice will not be properly served.

Reference:

Innocence Project. (n.d.). Retrieved from http://www.innocenceproject.org/Content/Murder_Case_Against_Ralph_Armstrong_Dismissed_After_Prosecutor_Hid_Evidence_of_His_Innocence.php

California Courts. (2014). Retrieved from http://www.courts.ca.gov/20142.htm

The thing itself speaks. (n.d.). Retrieved from http://jonathanturley.org/2013/10/26/tennessee-judge-who-renamed-child-now-facing-judicial-misconduct-charges/