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Is Demilitarizing Military Justice An Ethical Imperative For Congress, The Courts, And The Commander-In-Chief?, Dan Maurer Sep 2020

Is Demilitarizing Military Justice An Ethical Imperative For Congress, The Courts, And The Commander-In-Chief?, Dan Maurer

Hofstra Law Review

This symposium introduction to ethics in military justice highlights that professional responsibility norms, expectations, and problems impact and imperial this discipline just as they do in any other criminal justice system. But in such a dizzyingly specialized criminal justice schema, the problems and perils of legal ethics and professional responsibility are both heightened and clouded by their seemingly difficult remoteness. Because the context of military justice implicates -- to various degrees -- national security, and not just individual cases and individual parties, special attention is owed in several critical areas. Political interference in military prosecutions has a long history, and …

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Hard Questions And Innocent Clients: The Normative Framework Of The Three Hardest Questions, And The Plea Bargaining Problem, Alice Woolley Jun 2016

Hard Questions And Innocent Clients: The Normative Framework Of The Three Hardest Questions, And The Plea Bargaining Problem, Alice Woolley

Hofstra Law Review

What makes an ethical question “hard”? Monroe Freedman’s “Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions” assessed hard questions about discrediting truthful witnesses, presenting perjured testimony and providing advice that may prompt the client to lie. It also, however, created a framework for analyzing ethical problems, for knowing when a question is hard, and both what has to be done to answer a hard question and to defend the answer. This paper articulates that framework. It argues that hard questions arise from unresolvable conflicts either between the lawyer’s professional and personal moral obligations, or between different aspects …

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Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel Jan 2006

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Hofstra Law Review

Monroe Freedman is well known as a proponent of the "standard conception" of legal ethics - that is, that a lawyer cannot be criticized in moral terms for actions taken in a representative capacity. Surprisingly, however, Freedman has argued that client selection is a decision for which a lawyer may be required to provide a justification in ordinary moral terms. This apparent inconsistency reveals a conceptual distinction in normative ethical theory, which is often blurred, between justifying a practice (in this case, the legal system or some specialized practice such as criminal defense) and justifying an action falling within the …

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Moralizing In Public, Anita L. Allen Jan 2006