Courtroom Participants’ Professional Standards
– Prosecutorial misconduct
– Ineffective assistance by criminal defense counsel
– Judicial misconduct
Summarize each example and address the following questions:
– What did the prosecutor do wrong? How does immunity protect the prosecutor from the consequences of his or her misconduct?
– 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?
– What did the judge do wrong? Which judicial selection option – appointment, election, or merit – would help to reduce instances of judicial misconduct?
– 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?