Question

If you were a prosecuting attorney, and you KNEW FOR FACT that the defendant had committed a crime, would you commit misconduct if it looked as if the defendant would be acquitted? Explain why. Does the level of crime or crime type matter in your answer? Why or why not?

Answer 1

As the prosecuting attorney,  your role is to defend the defendant in regards to the case and even if they had committed a crime, you have to make sure that they are not proven guilty or they are acquitted.

To some extent, the level of crime or crime type matter because some prosecuting attorney will let their clients go if it a petty crime but when it is a crime such as murder, misappropriation of funds, they may never compromise.

What is this case about?

If you known that it is a huge crime and your conscience cannot allow you to let the man go so that he will not do it again, you can tell the opposition lawyer anonymously but this may jeopardize your law career if caught.

The right thing to do is to step down from been the prosecuting attorney and then you can be free from that guilt of betrayal to yourself and to the defendant and then one can properly submit the evidence to the  opposition lawyer.

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