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SerenitySiu.docx

Serenity Siu-Mullins

Attorneys play a key role in both the criminal justice system and the courtroom. The role of a prosecutor is to find justice in a case and pursue it. A prosecutor is a public official who represents the state in a criminal action (Neubauer & Fradella, 2019). These public servants represent all people, including the defendant. Their main goal is to secure convictions and see that justice is done. Aside from their duty to secure a conviction, prosecutors have an ethical responsibility to maintain fairness and avoid any misconduct that may deprive the defendant of the fair trial to which they are entitled (Buzzy, 2024). An example of the prosecution exceeding appropriate authority is failure to disclose exculpatory evidence. When a prosecutor does not provide the defense with the necessary evidence, the notion of a fair trial under the process of the due process clause is offended (Buzzy, 2024). As ruled in Brady v. Maryland (1963), the prosecutor must disclose all potential exculpatory evidence regardless of the defendant’s request for such evidence. Other examples of prosecutorial misconduct include evidence tampering, using improper arguments, and discriminating in jury selection (Shouse California Law Group, 2024). Available remedies are judges and appellate court panels dismissing charges, reversing convictions, or reducing sentences. If a judge finds that a prosecutor’s behavior was inappropriate, they may dismiss the charges, admonish the jury to disregard certain evidence or comments, or grant a motion for a new trial (Shouse California Law Group, 2024).

Defense attorneys play a significant role in safeguarding justice and making sure that the constitutional rights of a defendant in a particular case are upheld (Buzzy, 2024). These attorneys are ethically responsible for maintaining a defendant’s 6th Amendment right to counsel. Examples of defense attorneys exceeding appropriate authority are going too far in their zealous representation or not going far enough to represent their clients zealously (Buzzy, 2024). A defense attorney’s priority is to advocate zealously on behalf of their client. However, when a defense attorney does not do everything they can to represent their client, a defendant can argue ineffective assistance of counsel on appeal (Buzzy, 2024). Lawyers who fail to properly represent their clients may also be sued for civil damages (Neubauer & Fradella, 2019).

Proverbs 21:15 says, “When justice is done, it brings joy to the righteous but terror to the evildoers” (New International Version, 2011, Prov. 21:15). The Bible demands fairness and honesty. The role of the prosecution and the defense attorney can be defended by applying Biblical principles because they hold positions in which they have the ethical responsibility to provide justice in an honorable and fair way. Biblical justice calls for fair treatment and the application of justice in modern society involves prioritizing fairness, addressing systemic injustices, and advocating for the marginalized (Christensen, 2023). Scripture supports the notion that justice and fairness should be the guiding principles for every aspect of the government, including the judicial branch. Furthermore, God holds the government and law enforcement agencies accountable to Him and the people. When we pursue Biblical justice, we honor God’s intention for us to live a peaceful existence in accordance with His plan for humanity that is good and right (Ellis, 2020).  It is important to remember that people are not perfect, and the pursuit of justice may not always be done correctly. Ultimately, justice belongs to the Lord, but humans are responsible for honoring the systems and values that He has put in place.