The Penalty Phase Essay Example | Topics and Well Written Essays - 1250 words

The penalization Phase - Essay ExampleTo add on this, the jury already had a verdict Esherman was red-handed of more than 30 charges against him. He was convicted of mutilating, raping and murdering 17 teenage girls. Shortly after this verdict was given, Hoffman is tipped by about violation of the defendants rights during interrogation. He finds out that the evidences used against Esherman were not obtained legally. The search stock-purchase warrant used was invalid thus the arresting officers had violated Eshermans constitutional rights. This renders the whole procedure void. besides probing reveals corruption on part of the district attorneys and lawyers, some of whom are running on Hoffmans political slate. Hoffman realizes that if he undertakes the appropriate legal action, he will definitely destroy his political career. He is caught in the middle of a legal storm and is faced with a pro prepare legal plight Should he honor every stroke of the law, and incur public wrath an d loose every believe of being re-elected or should he deliver justice to the perpetrator and risk destroying his political life? The ethical dilemma from the perspective of each main character The main characters in the movie are Hoffman, Esherman, the prosecutor, and Hoffmans main opponent, Susan Jansen. Hoffman feels that he has a legal obligation to defend the rule of law and consequently Eshermans rights. ... According to them, nothing should be reversed in estimation of Esherman and this is seen when Jansen takes advantage of the media coverage to popularize an image of Hoffman as a liberal who is soft on criminals. How the dilemma was resolved Hoffmans ultimate actions and rule represents the part of the movie that was splendidly executed. Having considered his personal, public and legal interests, Hoffman decided to rule the case in favor of Esherman. Through a clear interpretation of the law and especially in regard to the legality of evidences, Hoffman stated the whol e process invalid because of the violation of the defendants and the corruption involved. He based his exclusion of the evidence on the way it was obtained. In doing so, Hoffman already beat his opponents by throwing the blame to the police for their unwarranted conduct when collection evidence and satisfying the interests of the public by according justice to Esherman. The kind of ethical framework that top hat describes how the dilemma was analyzed and resolved. The kind of ethical framework that describes how the dilemma was analyzed and resolved is the need for zealous prosecution. This ethical framework requires that legal professionals should not only seek to prosecute. They should also seek for justice for the offenders including those found guilty. This framework is based on ethical theories like rule utilitarianism. This theory supports the exclusionary rule because the long-term impacts of allowing penal police behaviour will be more costly than allowing one criminal f ree. This framework thus supports the power to use discretion among judges. Pollock (2004) explains that the use of discretion occurs in