Ethics are a big part of the professional world, and have laws of ethics to abide by. The ethics is also adhered to in the legal field. A lawyer is in ethical standard when it comes to his position, to his clients, and to uphold the Constitutional Rights. A person who has chosen to be a lawyer will need to make rational and logical decisions in regards to the best interest of the clients.
I am a District Attorney who has a client who committed burglary and does not have a strong case. I don’t think if a jury trial is chosen that the case offender is not charged. The offender is requesting a plea bargain deal if pleads guilty. The plea bargain deal he wants is probation. I feel this is a good idea even after reviewing what evidence was obtained.
I think that probation is a good sentence for the offender, but the victims want to see the offender go to jail for his crime. The victims also pay the taxes that writes my paycheck. I want to make everyone happy but that is not going to happen. I have to do what is ethically right in this case. I could offer him “supervised probation” if he pleads guilty to the burglary crime, but if he violates his probation he will finish his sentence in jail. That would be my offer to the offender if he is wanting probation. If he messes up then he is the one who will be sending himself to jail.
It would not be ethical to send him to prison because the witnesses request it. It would not be ethical to only give him probation without any supervision. The offender did commit a burglary, and should have adequate supervision. This will ensure the offender is on the right path, and that he is not breaking the law and doing anything wrong. It would not be right to let him off with no supervision and a slap on the wrist for a burglary charge. The offender may feel if that is the only punishment he will get then he could do it again.
It would not be a fair sentence if I only listened to the victims because they contribute to my paychecks. The only right answer is to give him the punishment he deserves, and if he violates that punishment then he will finish his sentence out in the judicial system.
Reference
Seigel, T. (2016). Case Ends With Plea Bargain. Plea Bargains and Ethics, 1-3.