Most people like to think that the Just system is perfect and does what is best for the people. In some cases it’s true however that is not always the case; Judges, Prosecutors, and Defense Attorneys are held at a high standard and help to determine the futures of people that commit crimes and provide justice for victims. It is important for everyone to understand that Judges, Prosecutors, and Attorneys are human and make mistakes and bad choices as we all do.
I will talk about articles I’ve researched that show Prosecutorial misconduct, Ineffective assistance by criminal defense counsel, and Judicial misconduct. There was an article in CNN Justice that talked about California Prosecutors that committed over 130 instances of misconduct in 2010. The Article does not focus on one particular case it is focused on shedding light on many cases and prosecutorial misconduct that not only occurs here in the state of California but all over the country according to researchers of NCIP (Northern California Innocence Project).
Between 1997 and 2010, the project found prosecutorial misconduct in more than 800 state and federal cases in California, and in 202 of them, the misconduct resulted in the setting aside of a conviction or sentence, a mistrial or a barring of evidence, the researchers found. In 614 of them, the misconduct didn’t affect the fairness of the trial; the studies found in the more than 800 cases, 107 prosecutors committed misconduct. cite) Unfortunately there are Prosecutors that cross the line and appear to not care because they probably don’t think they will get caught and that is wrong because they have people’s lives and futures in their hands. Some cases resulted in verdict reversals and the consequences for some attorneys was a slap on the wrist and were just cited for misconduct and others resulted suspension of license anywhere from 30days to four years. In the case of Padilla v. Kentucky the defendant whom is a non-citizen from Honduras was caught transporting illegal drugs in Kentucky.
The issue is that the attorney allegedly advised Padilla that a guilty plea to a drug charge would NOT result in deportation. Te Attorney violated Padilla’s sixth amendment right to effective assistance of counsel, therefore Padilla tried to appeal his conviction to the Kentucky Supreme Court and when that failed to go through he then took it to the United States Supreme Court where his conviction was reversed.
People hire Attorneys to look into their case and give them the best advice and options that they can provide and in this case the attorney knew the defendant was a non-citizen and knew if this man pleads guilty deportation may have been a consequence. The Strickland v. Washington is a two-part test that determines a claim of ineffective assistance of counsel. In the case of Padilla v. Kentucky Padilla’s attorney should have advised the defendant that deportation was a consequence, However I don not believe the verdict would have came out any different.
Most people believe that the justice system is unfair when it comes to celebrities and the Justice Systems has shown that over the years, lets take the famous Lindsay Lohan and one of her many cases for example. In 2010 Lohan had a DUI case where the judge met privately with Lohan’s attorney and no other lawyer present and that is unacceptable, the prosecutor ended up finding out about the meeting and the judge ended up handing the case over to judge Fox.
Then the judge that then took over the case was rude to the attorney and denied Lohan bail for a misdemeanor which he can’t do and caused another judge to get involved and overrule judge Fox and set a bail amount for Lohan. When it comes to the crime controls model any misconduct and ineffectiveness of the courtroom participants is not helping society but it makes people question the judicial system. People need to know that they are being heard and that their liberties and rights matter.