What roles do our courts play in regards to ensuring that everyone displays the appropriate ethical behavior within our judicial system? Judges, State Attorneys. Prosecutors, etc.? DO you think that there are a check and balances in place? Why or why not?
The courts create an environment for all members of the legal profession have a paramount duty to the administration of justice and the courts. The role of the court in ensuring ethical behavior within the judicial system falls in several aspects which include the creation of a standard of conduct. The standard of conduct requires legal professionals including judges, lawyers, and other professionals not to engage in disreputable and dishonest activities. Further, it requires practitioners to avoid any actions that may compromise their professional conduct and integrity. Accountability makes legal professionals execute their duties with care making sure that they make the right decisions. It promotes adherence to ethical principles and conducts within the judicial system.
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Secondly, duty to the client, the lawyer has the responsibility of looking after the interest of the defendant and assisting him, or her understand the case, their obligation and rights, and the consequences of the decisions they take. Additionally, a commission for enforcement, the commission of implementation makes sure that the legal professions especially the judges are in line with the removal, discipline, and retirement as prescribed by the constitution. The commission keeps in check the conduct of judges and any complaints launched against a judge.
There are checks and balance system in the judicial system. The judicial system has the commission for enforcement that keeps the conduct of judges in line with the requirements of the constitution. Furthermore, there is a system where an individual can launch any complaint against legal professionals if they act unprofessionally. The ethical rules guide lawyers, judges, and any other legal professional in contributing to a trustworthy and credible judicial system.
References
Campbell, T. D. (2016). The legal theory of ethical positivism . Routledge.
Hough, M., Bradford, B., Jackson, J., & Quinton, P. (2016). Does Legitimacy Necessarily Tame Power? Some Ethical Issues in Translating Procedural Justice Principles into Justice Policy.
