Ethics in Criminal Advocacy in the State of Criminal Justice 2015

Ethics in Criminal Advocacy in The State of Criminal Justice 2015, p. 163, 2015

Washington University in St. Louis Legal Studies Research Paper No. 15-09-07

12 Pages Posted: 5 Sep 2015  

Peter A. Joy

Washington University in St. Louis - School of Law

Ellen Yaroshefsky

Hofstra University - Maurice A. Deane School of Law

Date Written: June 3, 2015

Abstract

Several ethics issues in criminal advocacy came to the forefront again in 2014. Although the U.S. Supreme Court did not decide important cases that cut across criminal law and the ethical obligations of defense counsel or prosecutors in 2014, there were still several other important developments and stories in the news. For example, decisions of prosecutors in Missouri and New York that they did not have a conflict of interest in considering charges against police officers in the deaths of Michael Brown and Eric Garner, both unarmed African America men, led to outcries of injustice and double-standards favoring police. In a surprise turn of events, Attorney General Eric Holder issued an order ending the practice of federal prosecutors requiring waivers of ineffective assistance of counsel claims as plea bargain requirement, after the Kentucky Supreme Court rejected attempts by U.S. Attorneys in Kentucky to have the court approve the waivers. During the course of 2014, three of the four Formal Ethics Opinions issued by the ABA Standing Committee on Ethics and Professional Responsibility directly addressed issues affecting prosecutors and criminal defense lawyers. Several other criminal ethics issues surfaced in 2014, and we address many of them in this chapter.

Keywords: legal ethics, professional responsibility, criminal justice, criminal procedure, prosecutor conflicts of interest, Department of Justice, Miranda

JEL Classification: K14, K19, K49

Suggested Citation

Joy, Peter A. and Yaroshefsky, Ellen, Ethics in Criminal Advocacy in the State of Criminal Justice 2015 (June 3, 2015). Ethics in Criminal Advocacy in The State of Criminal Justice 2015, p. 163, 2015; Washington University in St. Louis Legal Studies Research Paper No. 15-09-07. Available at SSRN: https://ssrn.com/abstract=2655778

Peter A. Joy (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
313-935-6445 (Phone)

Ellen Yaroshefsky

Hofstra University - Maurice A. Deane School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States
516-463-5882 (Phone)

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