Criminal Law and Procedure

1. Why does the attorney-client privilege exist? Discuss the differences between the ethical obligations of a criminal defense attorney and the ethical obligations of a prosecuting attorney.
2. Discuss the advantages and problems of plea bargaining. What should a prosecutor consider before offering or entering into a plea bargain? Should victims of a crime have a say in whether or not a plea bargain is reached in the prosecution of the crime?
3. Mark Fuhrman, the now-infamous LAPD detective who falsified information and planted evidence in the OJ Simpson trial, is perhaps the best modern-day example of police corruption. Simpson was acquitted of murder in 1995. Many people attribute the loss of the case to Mark Fuhrman
Q. Please research Mark Fuhrman’s role in both cases. What do you think of Mark Fuhrman? Is he a good cop who made a bad mistake? Is he a bad, corrupt, and evil cop? Is he a good person who just wants to see justice served? Is he a bad person? Can any of his actions in the Simpson trial be justified? Can his investigation in the Moxley murder be trusted?
4. How would you handle it if you worked with a law enforcement officer who you realized was corrupt?
5. Thanks for the response. We have been discussing the idea of officer who commits a crime. What about when a person has committed an offense prior to becoming a police officer, should that person forever be prohibited from being a police officer? As our supplemental reading points out, law enforcement ethics do not begin when you pin on the badge. Rather, they begin long before that, starting with the candidate’s general character.
What offenses do you think should be used to disqualify an otherwise suitable police officer candidate?
Assault, Theft, DUI or Speeding ticket?
What offenses should not be used for disqualification?
Should it matter if it were committed 2 months ago verses 20 years ago?

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