For this exercise we will concentrate on the Ethics and the Courts section of Case Studies in Criminal Justice Ethics. Because I cannot cover every case in the book, I will choose 4 cases to focus on, one case from each section. Below is your second application exercise assignment. Read the case I attached and answer the question.
CASE #10:
My Job is to Defend the Constitution, p. 68.
My Job is to Defend the Constitution.pdf
QUESTION
For this exercise, I ask you to focus only on Chapter 9-10: Consequentialism. In My Job is to Defend the Constitution a defense attorney has to decide if they should work zealously to defend their client (p. 46) or provide only adequate defense. If the defense attorney works zealously to defend the client, the client will likely be acquitted. If the defense attorney does just their job and no more, their client will likely be convicted. To learn more about the role of defense attorneys and zealous defense, visit https://www.americanbar.org/groups/criminal_justice/standards/DefenseFunctionFourthEdition/
Argue for or against each option by applying utilitarianism to the problem.
Consider the following as you write your response. Do not just answer these questions, use them to help you craft your responses:
What would revealing the information accomplish in the short term and long term?
It could take months for an investigation into the lab to occur and in the meantime the lab will continue to operate. How might this affect other defendants?
What effect might revealing the information accomplish if the client is acquitted?
Would making the decision based on the clients character lead the defense attorney down a slippery slope?
FORMAT
This assignment should be no more than 1-1.5 pages long, double spaced, 12 point font. You should not need more than 1 paragraph to explain each section. Do not copy material from the text. Everything should be in your own words – this helps me assess how well you understand the philosophy. Plagiarism will result in a 0.
Your submission should look like this:
Summary of Consequentialism (the category) & Utilitarianism (the specific philosophy):
Explain the focus of consequentialist philosophies. Explain utilitarianism and what makes an act right or good.
Zealous defense:
Explain zealous defense. Explain whether utilitarianism would support or reject providing zealous defense for the client. Consider this from both the act utilitarian (act in a way that maximizes good) and rule consequentialism (follow rules that benefit the majority) perspectives.
Adequate defense:
Explain the role of defense attorneys, and whether utilitarianism would support or reject providing only adequate defense for the client. Consider this from both the act utilitarian and rule consequentialism perspectives.
Review the following requirements before submitting your response
Your response must reflect the material .
Do not ask yourself, “What would I do?” ask instead, “What would a (hedonist, egoist, utilitarian, deontologist, virtue ethicist, or social contract theorist) do?”
Content based on opinion does not count toward answering the question.
Be sure to cite the book as necessary according to the APA style guide.
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