Question
Judge Johnny is a state judge and sworn to uphold the laws of the state, Judge Johnny also has a moral reservation about the state's
Judge Johnny is a state judge and sworn to uphold the laws of the state, Judge Johnny also has a moral reservation about the state's use of the death penalty as a punishment. He impanels a jury, asking whether all potential jurors can set aside his or her personal opinion on the death penalty and render a sentence based on the law and the evidence. However, Judge Johnny has never been able to do what he is asking the jurors to do. The government convicts the defendant, and the jury recommends a sentence of death. Judge Johnny is in a state that allows judicial override of jury verdicts, and he does just that. Judge Johnny sentences the defendant to life imprisonment without the possibility of parole. Are Judge Johnny's actions unethical?
2. Margie Magistrate is dating a police officer in a neighboring jurisdiction. She hears him constantly complaining that the magistrate in his jurisdiction will not give high bonds on domestic violence cases. Margie likes the law enforcement officers in her jurisdiction and does not want them to complain about her. Therefore, she sets every bond on domestic violence cases as high as legally possible. Are Margie's actions unethical?
3. Paul Prosecutor is assigned a case of child sexual abuse for prosecution. In reading the file, he learns that the victim, Vicki, alleges that the defendant, David, was her mother's boyfriend. Vicki was initially interviewed at a child advocacy center and disclosed that the abuse began when she was four years old and continued for several months until her mother broke up with David. Vicki's mother states that one day she walked in on David and Vicki in bed together and Vicki did not have on clothes. Vicki's mother said that David explained that Vicki wet the bed and he had just taken off her clothes. Vicki's mother didn't think anything about it until Vicki made a disclosure a few days later. Vicki is now seven because the case has been continued multiple times due to a worldwide pandemic. Paul Prosecutor meets with Vicki to prepare for her courtroom testimony. During this meeting, Vicki tells Paul that she can't remember anything that happened with Paul and doesn't want to talk about it anymore. Paul decides that he cannot try this case because he will lose without Vicki's testimony proving the elements of the crime. Paul decides to bluff the defense attorney and offers David a deal to plead guilty and receive probation. David pleads guilty and is given five years of supervised probation. During those five years, David is caught with a controlled substance at a traffic stop. This new charge violates David's probation, and he goes to prison on the original charge of sexual abuse. Was Paul Prosecutor's failure to disclose that a witness could not testify unethical?
4.Claudia works in the clerk's office. She is well known and liked in the small town. Each month, she summons potential jurors for jury trials. Each month, several people call into Claudia's office and ask to be excused from service for varying reasons. Claudia is elected by the people and has incentive to keep the community members happy. She usually excuses the jurors and removes their names from the judge's list. Claudia does not have the legal authority to excuse jurors; that is the judge's function. Claudia has worked with the judge for a number of years and knows that he usually excuses potential jurors for any excuse because he is also in an elected position. Claudia figures that they will be excused anyway and doesn't see the harm in saving them a trip to the courthouse. Is Claudia's behavior unethical?
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