Unethical Criminal Case Study

Unethical Criminal Justice Case

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Unethical Criminal Justice Case

In Detroit misconduct by a judge and prosecutor has resulted in both criminal justice professionals facing criminal charges. Judges, prosecutors and other members of the criminal justice system are public officials who are held to a higher standard than regular members of the public because their job is to pursue justice. The prosecutor and the judge play a powerful role in deciding the fate of a criminal defendant in a court case. Prosecutors have unlimited discretion to make plea deals or try criminal offenders and when they introduce evidence to a jury or a judge it is accepted as genuine or authentic evidence.

In this case Prosecutor Karen Plant, two Detroit police officers, and a Wayne County judge Mary Waterston have been arrested and charged with misconduct. The case began when criminal defendant Alexander Aceval was set for a sting by the drug unit at the Wayne County prosecutor's office after a drug informant, Chad Povish, reported to police the man was involved in a large drug operation (Catallo, 2011). After gathering further intelligence the police officers in the drug unit conducted a bust of the suspected drug dealer. Aceval was known to be a drug dealer and had a long criminal history with drugs. When police busted the home of Aceval they found over 10 pounds of cocaine at his home.

The prosecutorial, police and judicial misconduct occurred when members of the criminal justice behaved badly or ignored the bad behavior of the prosecutor. Because the drug unit expected a great deal more drug in the drug bust and were disappointed to only find 10 pounds. Povish was sure there would be over 100 pounds of cocaine in the home and warned Prosecutor Plant that Aceval is a dangerous threat to society. When the defendant went to court instead of being charged with the 10 pounds located in the home he was charged with having 103 pounds of cocaine.

Aceval was guilty of dealing in cocaine but the charges against him were a lie. Despite the fact there was no evidence showing 103 pound bust everyone involved in the case on the behalf of the prosecution including the judge kept quiet and allowed Plant to introduce false evidence. Two of the police officers from the Wayne County Drug Unit were charged with misconduct when they testified to having located 103 pounds of cocaine during the drug bust even those this was a blatant lie. Both officers were charged with giving false testimony and are suspended without pay.

The two police officers were not the only criminal justice professionals involved in the cover up. Judge Mary Waterston, now retired, was also aware the 103 pound evidence did not exist. Despite this knowledge she authenticated the false evidence and allowed Prosecutor Plant to introduce it in a court of law. The actions of the police and judge were criminal and violated the rights of Aceval but the actions of the prosecutor in this case were the worst. Prosecutor Karen Plant introduced false evidence and convinced the police officers to give false testimony. Plant also paid Povish $4,500 dollars to testify against Aceval.

While the court case involving Aceval ended in a hung jury the defendant took a plea deal fearing Plant would once again create additional charges against him. While he pled guilty to more drug than was actually found in his home he has not been able to get his sentence overturned despite the misconduct of members of the court. The police in the case were tried for police misconduct and found not guilty by the court. The trial of the retired judge is still pending but Prosecutor Karen Plant has accepted a plea deal of six months for her role in engaging prosecutorial misconduct.

The police officers in this case blatantly lied in a court of law and gave false testimony but like in many cases involving police they will not be punished for their bad behavior. The judge in this case should face criminal charges but will most likely only receive a slap on the wrist despite her clearly criminal and unethical behavior. The prosecutor will be held responsible for her actions and will be sentenced to six month in jail if the Wayne County judge agrees to the plea deal. In this case the Prosecutor received just punishment for her unethical actions. Unethical behavior is the result of a conscious decision making process to abuse one’s authority while in a position of public trust (Byers, 2002). When Plant chooses to lie in court she engaged in poor ethical decision making.

When members of the criminal justice system act unethically it destroys public trust and damages the justice process. Whether or not the criminal defendant is guilty they deserve a fair day in court. The bad behavior of the members of the court poisoned the entire legal process and could result in Aceval getting another trial or going free. If members of the court engage in misconduct and the public loses trust they will no longer acts as witnesses allowing criminal to go free. The police and courts require the help of the public in order to obtain justice. When criminal justice professionals engage in misconduct the behavior is unethical.

References

Byers, B. (2002). Ethics and Criminal Justice: Some Observations on Police Misconduct.

Retrieved October 15, 2013 from http://www.cjimagazine.com/archives/cji681a.html?id=1

Catallo, H. (2011). Ex-prosecutor pleads guilty to felony misconduct in office. Retrieved October

15, 2013 from http://www.wxyz.com/dpp/news/local_news/investigations/ex-prosecutor