Judicial Ethics and Professional Regulation

For many years, leadership has been a challenging task since it requires adoption of professional standards and to ensure that the rule of professional conduct is strictly adhered to. It is therefore the professional responsibility of the leaders to ensure integrity of the civil servants including these judicial officers who know their rights and understands the laws clearly. The police, attorneys, judges can be treated as a special group due to responsibilities, powers and professional standards accorded to them.

In this regard therefore, these groups of people need special ethical codes of conducts. This is because this group of people is directly involved in dealing with others who violate the laws on the ground. The police especially would not be expected to arrest or investigate a matter which they are involved. This is because there can not be justice and fairness in such a case. Since this kind of work is their responsibility, it therefore, calls for police to have a special ethical code of conducts.

The attorneys are senior judicial officers who should not be violators of rules of professional conduct. Their misconduct would then directly affect the officers in the criminal justice system. The judges are also senior members of criminal justice system. They are involved in disciplinary authority. This is duties and responsibility is expected to be carried out with high professional standards since they determine whether the low breaker before them will continue with misconduct or will stop. They therefore need a special ethical code of conduct.

Another point that justifies that these groups need a special ethical code of conduct is because the laws that govern the codes of conduct are basically on their responsibility. The police, attorneys and judges are paramount in the criminal justice system. They share some characteristics which enable them to misconduct. One of the similarities that they have is that all of them have a responsibility of ensuring law is not violated by anybody and this role give them an opportunity misconduct especially in a situation when a police finds another violating the laws or coax somebody to act against the law.

Another similarity that they have is the fact that they understand the law better than the rest of the people, they therefore take advantage in most cases to violate the law given that opportunity. This is because most people do not bother to understand their rights and therefore, these groups take advantage of it. Another issue is that these entire groups depend on one another to carry out their duties. In this manner, they also utilize chances of misconduct if available in the same manner. They therefore, hide the truth, all the way from the police to the attorneys.

All these circumstances of misconduct of these groups have an impact to the rest of workers in criminal justice system. Their misconduct affects the credibility of the rest of the workers and thus the efficiency of the criminal justice system is reduced. They also lead to other workers being involved in the same unlawfully practices. Many studies have shown that racial profiling is evident in many parts of the world. This is a police practice of using the race as a factor of reason in finding criminal suspiciousness.

These practices have been taken as wrong and unfair. According to Mac Donald it has been seen as a vicious cycle which was reported in America in 1996. Basically it is not recommendable and it is against human rights. It can lead to biased decision about criminal suspicion. I therefore fall on the side of stopping racial profiling because it does not deliver the service intended justly and should therefore be seen as illegal. The relationship that should exist between the prison staff and the inmates must be distant according to prison regulations.

Therefore, the prison staffs that cross the boundary and engage in abuse prisoners ‘rights. Others cross the boundaries by entering in personal entanglements with the prisoners. Others help prisoners to escape from prison or commit other crimes while still in prison. In case of such violation of boundaries they are faced by job suspension and others terminated from engaging in inappropriate relationships with inmates. (James W. Marquart).

 References

  • American Bar Association. (2003) Model rules of professional conduct. Available from http://www.abanet.org/cpr/mrpc/mrpc_toc.html