Posted: September 1st, 2022

Professional Ethical Considerations

Professional Ethical Considerations
Writing Assignment #2- The previous assignment is enclosed for reference. Internship is being done at a Criminal Defense Firm.

Answer the following questions according to the guidelines in the syllabus.

1. Describe the code of ethics for your internship location.

2. In your opinion, what ethical challenges does your internship location face or could potentially face?

3. What does current field research suggest for improving the ethical challenges you have noted?

4. If there is not any current research that addresses the challenges you have mentioned, what would you do to address the problem(s)? What have other agencies tried? Did it work? Why or why not?

Composition of Paper #2

The paper should have the following sections clearly labeled (titled [except the title page]) with supporting documentation. Label the sections for uninformative and clarity of the report.

Title page
Abstract (Mandatory)
Agency’s Ethical Code
Ethical Challenges Discovered (real or potential ethical issues at your agency)
Ethical Proposals (employed at other agencies and proposed by you)
Conclusions
Reference page
Appendices (if necessary)
Format, grammar and sources:

See syllabus for additional instructions.
Written assignments/papers should be typed in 12 point, Times New Roman or Arial font, double spaced with no more than 1 inch margins on the top, bottom, left, and right sides of the page. Papers should use American Psychological Association (Help write my thesis – APA) seventh edition format. This format is to be used for in-text citations, quotations, punctuation, acronyms, references etc. Your papers should contain proper punctuation, spelling, grammar, sentence/paragraph structure etc.. Look for and correct run-on and incomplete sentences. Use spell check! Papers should be written in a formal style in the third person, past tense. Homework help – Write in an objective format. Try to limit any writing in a subjective format by starting or using sentences with “I,” “me,” or “we.” Be sure to cite sources in the text. If you take a direct quote from a source you must use quotation marks and provide a proper Help write my thesis – APA citation. If you paraphrase or summarize the work of someone else, you must provide a proper citation. Failure to use proper citations may be deemed plagiarism and may result in you receiving a significant grade reduction (including a failing course grade). Each paper must include a title, abstract and reference page. The title, abstract and reference pages should be stand-a-lone pages. The length of the paper should be 7-8 pages (no longer, double spaced). Anything beyond eight pages will not be considered in the grade for the paper. Paper length includes the title page, abstract page, reference page and any appendice

Professional Ethical Considerations
Ethical considerations are vital aspects of every organization to guide its operations through the observation of rules and regulatory compliances in line with the code of ethics; however, challenges are experienced in the observation of ethics, thus inclining the adoption of effective proposals for ethical consideration operation (Jacobs, Decker, and Lugg, 2016). Ethical codes define the principles developed to enable professionals in different fields to conduct their activities while observing honesty and integrity in the interest of all the parties involved. Ethical codes in every profession are directed towards ensuring the goals and objectives in the field are observes. The Criminal Defense firm needs to incorporate ethical considerations in their legal and social operations to meet its clients’ needs and those under the criminal justice system. The Criminal Defense Firm has an established code of conduct, but it has experienced challenges in their implementation; thus, it needs to adopt effective proposals to make them operational.
Abstract
The Criminal Defense Firm first has established a sufficient code of practice for its effective operations in serving its clients in the criminal justice system. The different ethical principles define professional conduct by way of approving conducts or disapproving them in the parties’ interest. Consequently, adherence to the code of ethics has been difficult or rather impossible due to the industry’s internal and external challenges. The failure to observe the firms’ ethical considerations has a wide range of disadvantages in rendering the services to the people. In this regard, organizations need to adopt ethical proposals to eliminate barriers associated with ethical consideration, thus making them active and operational.

Agency’s Ethical Code
The Criminal Defense Firm has established and created different ethical codes in the interest of professionalism and success in defending the accused. The ethical consideration ensures that the defense teams decide based on objectivity instead of their values and feelings for fairness and an effective justice system. In this regard, the criminal defense team observes the conflict of interest ethical consideration and asserts that legal teams are not permitted to represent clients it the representation has a coexisting conflict of interests (Remley and Herlihy, 2014). The conflict of interest arises when the lawyers’ responsibilities will materially limit the client’s representation to another client, third party, former clients, and the personal interests in the legal matters. Moreover, conflict of interest comes to play the representation of one client will have a direct adverse to another client.
The criminal defense firm observes confidentiality as a code of conduct in the course of defending the accused. The confidentiality rules go that the defense team should not disclose any information communicated in confidence or information relating representation despite its sources (Remley and Herlihy, 2014). The confidentiality code ensures that privacy and respect for the accused are upheld by restricting professionals from sharing personal details about their client with others unless with the client’s permission or when it is necessary. Confidentiality ensures that privacy is maintained and builds the confidence of the client.
The criminal defense firm upholds the integrity code of ethics to ensure that information or any other aspect of a legal case regarding the accused is not changed from its source and has not been intentionally or accidentally destroyed, altered, or modified (Moliterno, 2010). The firm requires its team and professionals to maintain high standards of fairness, integrity, and honesty to the accused, court, colleagues, and other parties in the criminal justice system.
Additionally, the criminal defense firm requires its members to maintain high professional behavior as a code of ethics. Professional behavior entails etiquette in the firm and while representing the firm by observing high courtesy and respect levels. Professional behavior benefits the firm and improves the chances of defending the accused (Moliterno, 2010). Therefore, professional behavior is vital in organizational operations, and it upholds an excellent reputation.
Ethical Challenges Discovered (real or potential ethical issues at your agency)
The observation and adherence of ethical considerations in the criminal defense firm are met with challenges and barriers, making it impossible to implement them at the expense of the accused, court, colleagues, and other parties in the criminal justice system. In this regard, conflicts between moral principles and ethical considerations make it impossible to adhere to the ethical codes. The attorney is tasked with representing the accused by all means as dictated by the general principle (Brown, 2010). The accused have a right to be represented and defended to ensure that justice is made in their favor. In the case that the defense team is defending clients who they know have committed the crime. In this case, moral values conflict with ethical codes, making it impossible to observe them at the expense of the victims and the criminal justice system. For instance, the lawyer engages their subjective conscious instead of being objective, thus failing in the integrity test needed in the criminal justice system as a code of conduct.
Challenges arise in applying ethical considerations due to the conflict arising between the laws and ethical codes of conduct, thus confusing the defense teams. The constitution is clear on the actions to be taken against persons found to be in its violation. The lawyers and the defense teams are required to defend and uphold the constitution. On the other hand, they are required by the same law to defend an accused person they know to have committed (Brown, 2010). The law required the defense to present the accused through a constitutional provision that goes that every person is entitles represented by an attorney in the court even if they are guilty, and they should not be convicted or punished or convicted unless there is legal evidence. In such a case, the defense team presenting an accused person who they not have committed a crime will consistently hide, misrepresent, or even counter legal evidence used in making the judicial decision.
Therefore, the conflicts existing between the law and ethical considerations make it impossible to observe ethical codes, thus not meeting the criminal justice system’s principles.The application of ethical considerations experiences the challenges of personal biases among the lawyers, thus inclining them to adopt a strategy or path that satisfies their interest or that of the team at the expense of other parties within the criminal proceedings. The defense’s role takes the securing of evidence to avoid convicting the wrong person; however, in a case, the defense person or team feels strong personal involvement in the case, then there is the possibility of breaking the confidentiality ethical consideration (Hamilton, 2015). In this case, the handling of evidence is in the defense team; they can be inclined to misuse this privilege for personal social or economic gains. Therefore, personal bias and interests have significantly contributed to the failure to adhere to ethical considerations at the expense of effective and efficient organizational operations.

Ethical Proposals (employed at other agencies and proposed by you)
There is a need to adopt ethical proposals in the criminal defense firm to counter challenges associated with applying ethical considerations in the interest of all parties involved in the criminal justice system. In this regard, the organizational ethical challenges can be eliminated by streamlining the legal aspects with the ethical considerations to ensure that they operate uniformly devoid of conflicts (Fineman, 2013). In this case, streamlining takes the evaluation of the point at which the two aspects disagree and thus making plans, reforms, or decisions to ensure that the two aspects can work in agreement with each other. For instance, the aspect of confidentiality does not have to be strictly applied, but it should be applied with the exception. The exceptions ensure that ethical consideration has flexible by incorporating social, moral, and legal concerns. For instance, in confidentiality, the ethical consideration can be overrun by disclosing information if, by doing so, one can prevent death, it would prevent substantial damage or when the lawyer deems wise to seek a professional opinion from another lawyer.
The ethical challenges can be addressed through the ethical proposal of defining the legal obligations and duties of the different professionals within the criminal defense firm. The legal and professional obligations enable the professionals to take the right course of action when presented with ethical dilemmas (Fineman, 2013). The professional and legal obligation needs to be reinforced by creating awareness to the team members on the consequences of ignoring them. This approach will enable the criminal defense firm to adhere to the different ethical considerations.
Additionally, the criminal defense firm needs to consider normative ethical theories in legal operations to determine its course. The normative ethical theories enable the team players to determine the consequences of actions or duties one could be obligated to follow that fall outside the rules, laws, and procedures (Fineman, 2013). Moreover, normative theories enable the organization and individuals to assess whether the decisions they make are rational from other perspectives that have not been considered. Therefore, the normative theory is vital in enhancing settling on options dependent on ethical theory to enable effective reasoning.
Finally, there are recent researches that have tried to addresses the challenges faced in the application of ethical considerations. The researches have established ethical challenges and relevant solutions to address the challenges. Other agencies, such as law enforcement agencies, have adopted reforms and solutions to address ethical challenges. The solutions have achieved significant results in eliminating conflict in the application of ethical considerations.
Conclusions
The ethical consideration in the legal field are directed towards ensuring justice, fairness, and equality are attained, but several ethical challenges barring their application, but they are effectively solved using reforms and solutions to eliminate the conflicts involved. The different code of ethics to be observed in a criminal defense form includes confidentiality, integrity, and conflict of interests and observation of professional behavior. The code of conduct ensures that the organization will meet its defense objectives. Ethical challenges such as moral conflict, legal conflict, and personal biases prevent ethics’ effective operation. The ethical challenges are addressed by streamlining legal and social concepts with the law, defining roles and duties for professionals, and considering normative theories.
Reference
Brown, C. A. (2010). Divided loyalties: Ethical challenges for America’s law enforcement in post 9/11 America. Case W. Res. J. Int’l L., 43, 651.
Fineman, M. A. (Ed.). (2013). Vulnerability: reflections on a new ethical foundation for law and politics. Ashgate Publishing, Ltd..
Hamilton, M. (2015). Risk-needs assessment: Constitutional and ethical challenges. Am. Crim. L. Rev., 52, 231.
Hamilton, M. (2015). Risk-needs assessment: Constitutional and ethical challenges. Am. Crim. L. Rev., 52, 231.
Jacob, S., Decker, D. M., & Lugg, E. T. (2016). Ethics and law for school psychologists. John Wiley & Sons.
Moliterno, J. E. (2010). Exporting American Legal Ethics. Akron L. Rev., 43, 769.
Remley, T. P., & Herlihy, B. (2014). Ethical, legal, and professional issues in counseling (p. 528). Upper Saddle River, NJ: Pearson.

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Tags: Professional Ethical Considerations, Writing Assignment #2