Ethical dilemmas | Criminal homework help
2. The District Attorney
Jessica ran a successful campaign for district attorney on a very conservative platform generally critical of the incumbent's inability or unwillingness to prosecute police misconduct with criminal charges. The city’s police chief did not support her campaign. He felt that administrative actions that could result is fines, suspensions, demotion or termination of employment were sufficient punishment. Additionally, victims could sue an officer in civil court if the officer acted outside the scope of their authority and immunity. The chief felt that these consequences should be sufficient for any police misconduct except, perhaps, a felony. Since her election Jessica has brought criminal charges of larceny against one officer for switching city tires off his patrol car on to his personal car. She also brought assault charges against an officer when she learned a suspect needed medical treatment for wrist abrasions due to her handcuffs being too tight. Recently several assistants have cautioned her that they are losing criminal cases, including serious felony cases, because police officers are either not appearing to testify at court or are having "difficulty remembering" critical details during their testimony. This started in traffic court but has also occurred in misdemeanor trials as well. The feeling is these officers are retaliating against the district attorney's officer for the criminal charges being brought against members of the police force. The pattern is quite clear and getting worse. Prosecutors are complaining that police detectives are “too busy” to return their calls. Jessica understands she cannot successfully prosecute criminal cases without the cooperation of the police department. At the same time, she feels as though she is being bullied by an overly protective autocratic police chief. She feels she can and should prosecute police officer for any criminal offense ...and feels that her election demonstrated that the community agrees with her. What should Jessica do?