The case of an attorney representing co-defendants raises a legal and ethical dilemma. An attorney could not represent co-defendants with a potential conflict of interest between the co-defendants (Hall, 2014). Notably, the attorney could not represent a couple in possession of prohibited drugs found in the back seat of their car. In such a case, the attorney could not promote each accused party’s interest because their interests are not identical. For example, one spouse may claim that the substance belongs to the other; thus, the attorney is likely not to diligently and competently represent the claimant.
From an ethical perspective, an attorney should zealously represent all their clients, including those who have admitted guilt to the lawyer. Consistent with NeMoyer et al. (2018) argument, as the client’s advocate, the criminal defense attorney has to protect the defendant because the admission of guilt may not necessarily mean that the client committed the crime. For example, the defendant could admit the offense to save another person. If the result is the release of a violent criminal, the government should be blamed for failing to find the accused guilty. An alternative method would be for the attorney to avoid asking defendants to admit guilt and leave that task to the jury or judge.
I firmly believe that police officers should not arrest every violator they encounter. Law enforcement agents should arrest lawbreakers only when they have reasonable grounds to justify that the suspect has made an attempt or actual crime (Hall, 2014: Myhill, 2019). Arresting people who have committed minor crimes may overstretch the already overcrowded justice system (MacDonald, 2018). Police officers should consider a wide range of factors when making arrests, including the amount of evidence present, the seriousness of the crime, and characteristics specific to individual victims, perpetrators, and situations, such as age, sex, relationship, location, and witnesses present.
References
Hall, D. E. (2015). Criminal law and procedure (7th ed). Delmar Learning.
MacDonald, M. (2018). Overcrowding and its impact on prison conditions and health. International Journal of Prisoner Health.
Myhill, A. (2019). Renegotiating domestic violence: Police attitudes and decisions concerning the arrest. Policing and Society, 29(1), 52-68.
NeMoyer, A., Kelley, S., Zelle, H., & Goldstein, N. E. (2018). Attorney perspectives on juvenile and adult clients’ competence to plead guilty. Psychology, Public Policy, and Law, 24(2), 171.