Questions We Can Help to Answer
Instructions:
You work for the State Bureau of Prisons, Office of the Inspector General, as an attorney and have been asked to review two key issues involving several correctional officers at your state prison and the conduct of the attorney assigned to represent these officers.
The officers claim that several inmates assaulted them and caused them bodily harm. Such an assault automatically mandates an additional two years to the inmates' prison term should the allegations prove to be true.
During the interviews and subsequent hearing surrounding the allegations, one of the inmates makes the following arguments:
•He and the other inmates were falsely charged.
•The earlier interviews and hearings involving him and the other inmates were conducted by the warden and the chief correctional officer.
You are aware of this practice but have no evidence. You suspect abuse and misconduct on the part of the prison administration and correctional officers.
Write a 4- to 5-page report in Microsoft Word document analyzing
•The ethical issues at stake and whether there is an ethical violation of the legal code.
•How you will decide the case, based on the facts of the case and research?
•How you will justify your decision, based on the facts of the case and research?
Correctional Officer Misconduct Memo
If you find there was misconduct on the part of the warden and the correctional officers and they are not disciplined, what would be your next step? Explain in detail if and why you would:
•Go to the warden's supervisor or other appropriate authority
•Let the issue go and ignore things from this point onward.
For more information on the standard of conduct of prison employees, visit the following website and enter the keyword: Code of Ethics
American Correctional Association(ACA)
For more information on the sanctions for misconduct, visit the following:
Arizona Department of Corrections
Key Issues Before Correctional Officers Part 2:
The attorney retained to assist the correctional officers in the correctional officer misconduct case has now been charged with making inappropriate, frivolous, disparaging, and disrespectful remarks about you and your legal team. Your colleague even accused you and your colleagues of misrepresenting facts and tampering with case documents. Infact, your colleague has often been considered incompetent by other attorneys at in your office. He has a drinking problem and often neglects to prepare proper documentation for his cases. There have also been previous complaints about his behavior and demeanor.
Analyze the situation and include your analysis in a 4- to 5-page report in Microsoft Word document for the disciplinary committee. In your report, include the following details:
•Analyze your colleague's actions.
•Describe the moral and ethical issues at stake.
•Apply the legal code of the ABA that was broken, if any
•Explain the course of action that you consider appropriate.
For further information on the ABA Standards of Conduct, visit the following websites:
Model Rules for Lawyer Disciplinary Enforcement
Model Rules of Professional Conduct
For further information on ABA Disciplinary Actions, visit the following websites :
•American Bar Assocation
•sanction