Ethical Duty of a Lawyer to Defend His Client in a Criminal Case: Issues and Challenges in India

2021 ◽  
pp. 232200582110607
Author(s):  
Pravin Mishra ◽  
Vijay Pratap Tiwari
Keyword(s):  
Professional Ethics ◽  
Criminal Case ◽  
Ethical Duty ◽  
Client Relationship ◽  
The Right ◽  
Legal Battle

The fate of a criminal case to a large extent depends upon choosing the right lawyer. But the choice of a right lawyer requires some amount of experience and expertise, which a layman intending to hire a lawyer may not be equipped with. Even if the client has made a smart choice in identifying a right lawyer for him, the lawyer so identified might not be willing to accept a brief for the reasons best known to the lawyer. At times a peculiar situation may arise before the lawyer where the lawyer seeks to withdraw from representing the accused. There are various pitfalls to the client’s right from the stage of making a choice of a competent lawyer to defend the accused up to the end of the legal battle. The article deals with the professional ethics involved when a counsel accepts a brief or seeks to withdraw from representing an accused and terminate the advocate–client relationship.

Awareness and Decision Making in Professional Ethics

2000 ◽  
Vol 5 (1) ◽  
pp. 19-27 ◽  
Author(s):  
Ronny Swain
Keyword(s):  
Decision Making ◽  
Professional Ethics ◽  
Ethical Decision Making ◽  
Code Of Ethics ◽  
Professional Autonomy ◽  
Ethical Awareness ◽  
Ethical Decisions ◽  
The Right ◽  
Aid Decision

The paper describes the development of the 1998 revision of the Psychological Society of Ireland's Code of Professional Ethics. The Code incorporates the European Meta-Code of Ethics and an ethical decision-making procedure borrowed from the Canadian Psychological Association. An example using the procedure is presented. To aid decision making, a classification of different kinds of stakeholder (i.e., interested party) affected by ethical decisions is offered. The author contends (1) that psychologists should assert the right, which is an important aspect of professional autonomy, to make discretionary judgments, (2) that to be justified in doing so they need to educate themselves in sound and deliberative judgment, and (3) that the process is facilitated by a code such as the Irish one, which emphasizes ethical awareness and decision making. The need for awareness and judgment is underlined by the variability in the ethical codes of different organizations and different European states: in such a context, codes should be used as broad yardsticks, rather than precise templates.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

Addressing Moral Confusion: Ethics Isn’t Law

2021 ◽  
pp. 81-98
Author(s):  
Jason Brennan ◽  
William English ◽  
John Hasnas ◽  
Peter Jaworski
Keyword(s):  
Corporate Social Responsibility ◽  
Business Ethics ◽  
Social Responsibility ◽  
Moral Authority ◽  
Ethical Duty ◽  
Course Of Action ◽  
The Law ◽  
Compliance With The Law ◽  
The Right ◽  
Corporate Social

Moral confusion in business ethics and corporate social responsibility often stems from treating ethics and law as if they were the same. Ethics and the law often overlap and sometimes conflict. They are distinct categories. Laws may enforce people’s ethical obligations. But they may also contravene them and require unethical action. Because the law has no independent moral authority, business people are always required to ask themselves whether compliance with the law is the right course of action. When the law prescribes oppressive or unjust conduct, they may have an ethical duty not to obey the law.

scholarly journals What Does It Take to Become a Partner at a Big 4 Accounting Firm? Insights From Singapore’s Experience

2018 ◽  
Vol 8 (2) ◽  
pp. 166
Author(s):  
Gary Pan ◽  
Poh-Sun Seow ◽  
Yang Hoong Pang ◽  
Kwong Sin Leong
Keyword(s):  
Role Model ◽  
Development Process ◽  
Accounting Firms ◽  
Leadership Skill ◽  
Accounting Firm ◽  
Big 4 ◽  
Client Relationship ◽  
Asian Context ◽  
The Right ◽  
The Waves

Due to the shift in partner’s identity, there have been growing interests in understanding characteristics, skills and behaviours of accounting partners. Given that Big 4 Accounting firms are supposedly international accounting firms that are organized in similar structures, an interesting question of whether the same partner qualities can be applied in the Big 4 accounting firms for a non-western context such as Asia. As far as we know, no such study has been conducted in an Asian context. We argue this could be of great interest to the Big 4 Accounting firms as Asia is one of their fastest growing regions and it is essential they have partners who are equipped with the right attributes to ride the waves of rapid growth. Accordingly, our research aims to identify the essential attributes of a partner in the Big 4 accounting firms in Singapore.Our data collection involved interviewing 24 partners and ‘partners-to-be’ from the Big 4 Accounting firms in Singapore. From the data, we identified a number of attributes of a partner. Essential attributes include technical expertise, strong client relationship, solid leadership skill, team management skill, a strong sense of integrity and ethics, and good business sense. There are a few ‘good to have’ attributes that include overseas exposure, being IT savvy and having ‘X’ factor. Our study also highlighted that nurturing partner attributes may involve a development process. Mechanisms within the partner development process include having senior partners to be mentor, imitate a role model, sense-making through leadership and wide exposure to clients.

scholarly journals Draft Law on Criminal Misconduct given the German Experience of Legal Regulation

Lex Russica ◽  
2021 ◽  
pp. 133-141
Author(s):  
Ya. M. Ploshkina ◽  
L. V. Mayorova
Keyword(s):  
Criminal Liability ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The paper considers the second attempt made by the Supreme Court of the Russian Federation in terms of introducing the concept of criminal misconduct into the Russian criminal and criminal procedure legislation, examines the goals of its introduction. The authors conclude that the introduction of a criminal offense in the draft law No. 1112019-7 will entail the need to review some approaches in Russian law: the legal nature of the crime, the ratio of a criminal offense with a minor act and an administrative offense, the elements of a crime with administrative prejudice, the principle of justice. It seems possible to achieve procedural effectiveness, reduce the burden on judges and protect the rights of victims without introducing a criminal offense within the existing criminal and criminal procedural mechanisms related to exemption from criminal liability and expansion of non-rehabilitating grounds for termination of a criminal case or criminal prosecution. It seems possible to use the already established categorization of crimes in relation to crimes of small and medium gravity. In terms of expanding the grounds for terminating a criminal case or criminal prosecution, it is appropriate to use the experience of the German legislator, which provides for the possibility of terminating criminal prosecution on grounds of expediency when the accused fulfills various duties and regulations assigned to him. In German criminal procedure law, the termination of criminal prosecution on grounds of expediency when assigning duties or prescriptions to the accused is the right of the relevant officials and bodies, and not their obligation, since in fact it is an alternative to criminal prosecution. This will allow it to be terminated at a certain stage in the case when there are all legal grounds for criminal prosecution.

scholarly journals HARMONIZATION OF CRIMINAL PROCEDURE AS A MEANS OF ENSURING THEIR UNIFORM APPLICATION

2021 ◽  
Vol 31 (3) ◽  
pp. 509-514
Author(s):  
D.V. Tat'yanin
Keyword(s):  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
High Quality ◽  
Red Tape ◽  
Judicial Proceedings ◽  
The Law ◽  
The Right ◽  
Different Content

The law of criminal procedure contains a number of rules with different content, which raises a number of questions in their interpretation and application. Decisions made using rules with different content lead to their appeal, often to annulment, which does not ensure the achievement of the appointment of criminal proceedings, but leads to unjustified red tape in criminal proceedings and the delay in making final decisions on them. The need to harmonize criminal procedure rules is related to ensuring high-quality and effective criminal proceedings, ensuring the protection of the rights of participants in criminal proceedings, the quality of the evidence process, both in pre-trial and judicial proceedings. The article addresses the problems of unification of criminal procedure rules containing such concepts as an investigator and urgent investigative actions. It is proposed to eliminate the contradictions in them in order to ensure their uniform application. The introduction of a single concept of investigator and refusal to use the profession of "forensic investigator" in this concept is justified, it is proposed to expand the number of participants who have the right to carry out urgent investigative actions, as well as to assign to them investigative actions carried out at the stage of initiating a criminal case.

scholarly journals Perceptions of Pre-Service Teachers about Teacher Professional Ethics Course Through Metaphors

2019 ◽  
Vol 7 (3) ◽  
pp. 150
Author(s):  
Süreyya Genç
Keyword(s):  
Content Analysis ◽  
Professional Ethics ◽  
Faculty Members ◽  
Teachers Perceptions ◽  
Expert Opinions ◽  
Analysis Technique ◽  
Ethics Course ◽  
Teacher Professional ◽  
The Subject ◽  
The Right

The aim of this study is to determine the perceptions of pre-service teachers towards teacher professional ethics course. The research was carried out with 138 pre-service teachers attending pedagogical formation training certificate program a public university in Turkey. In the study, a phenomenological method was used within the scope of qualitative research model. A semi-structured form with open-ended questions was used as a data collection tool to reveal pre-service teachers' perceptions of teacher professional ethics course. In this form, the pre-service teachers were asked to complete the sentence "the teacher professional ethics course is like ......; because ......". The results obtained from the pre-service teachers' responses were analyzed using content analysis technique. Based on these metaphors and the content analysis, the validity-reliability of the categories were shared with 3 faculty members who specialize in the field of metaphors and category lists. After expert opinions, non-overlapping metaphors were determined and the final shape was given. As a result of the research, it was found out that the pre-service teachers mostly expressed the compass and light metaphors from the metaphors they produced for the teacher professional ethics course. Based on their, “the course guiding students” category is the most commonly expressed metaphor among the categories formed in common characteristics. According to the pre-service teachers, teacher professional ethics course guides people in the right direction. As a result of the research, it was noted that pre-service teachers were able to express their own specific attitude and in-depth thinking abilities to express their perceptions about the subject.

scholarly journals Powers of the prosecutor during pretrial proceedings to protect the rights of victims of crimes

2021 ◽  
Vol 7 (3) ◽  
pp. 89-93
Author(s):  
Lilia R. Komarova ◽  
Mikhail V. Kolesov
Keyword(s):  
Law Enforcement ◽  
Positive Impact ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
The Status ◽  
The Right ◽  
The Impact

The article substantiates the need to change the criminal procedural legislation that regulates the powers of the prosecutor and the status of the victim and gives the prosecutor the right to initiate a criminal case. The proposed changes in the procedural powers of the prosecutor are also considered through the prism of organizing the activities of law enforcement agencies and the impact of statistical reporting indicators on their activities. The experience of prosecutorial and investigative practices and the opinion of distinguished domestic legal scholars are analyzed. The changes proposed by the authors could have a significant positive impact on the work of preliminary investigation bodies and reduce the number of violations committed during preliminary investigation stages. In addition, bringing the status of the prosecutor and the preliminary investigation bodies into a logical procedural position could eliminate unnecessary and inherently harmful corporate competition.

Ensuring the right to protection at the stage of appeal proceedings in criminal case: problems of theory and practice

2021 ◽  
Vol 15 (2) ◽  
pp. 7-16
Author(s):  
Oksana V. Kachalova ◽  
Sergey A. Vdovin
Keyword(s):  
Criminal Procedure ◽  
Theory And Practice ◽  
Criminal Case ◽  
Final Decision ◽  
Legal Representative ◽  
Criminal Proceedings ◽  
Defense Lawyer ◽  
Criminal Procedure Law ◽  
The Right ◽  
Court Of Appeal

Introduction. The right of the accused to a defense in criminal proceedings is a prerequisite for the effective administration of justice, since it minimizes possible errors in the final decision in a case, which may result in the conviction of innocent persons, which contradicts the purpose of criminal proceedings and undermines citizens confidence in the judicial system. The purpose of the article is to identify systemic problems that impede the effective implementation of the right to defense at the stage of appeal, as well as to suggest ways to resolve them. Main results. The authors come to the conclusion that the structural and logical elements of ensuring the right of the accused to a defense at the stage of appeal proceedings in a criminal case are: subjects defending the accused; duties of a defense lawyer to exercise the right of the accused to defense at the stage of appeal proceedings in the case; subjects who, in accordance with the requirements of the criminal procedure law, are obliged to ensure the right of the accused to defense; the duties of the courts of first and appellate instances imposed on them by the criminal procedure law, corresponding to the rights of the accused, his defense lawyer and legal representative and forming in their totality a system of interim measures necessary for the realization of the accuseds right to defense; the powers of the accused, his defense counsel and legal representative, through which the constitutional right to defense is exercised; guarantees of the accuseds right to defense. The only ground for limiting the right to defense is abuse of the right by the defense. The fact of abuse of the right can only be established by the court, the abuse of the right cannot be evidenced exclusively by the external expression of the actions of participants in the process. The question of the presence or absence of abuse of the right to defense should be decided by the court on the basis of the totality of factual circumstances and procedural features of each individual situation. The system of powers that make up the content of the defendants right to defense at the stage of appeal proceedings in the case consists of two interrelated elements, including powers exercised at the stage of filing an appeal and before the start of the court session of the court of appeal, as well as the powers that the defense side has directly in consideration of a criminal case in a court session of the court of appeal. Conclusion. Thus, the effective provision of the right to defense at the stage of appeal proceedings requires a change in approaches on the part of legislator and law enforcement officers.

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