Prosecuting Attorney's Ethical Misconduct

Prosecuting attorneys have ethical principles to maintain or a defendant might be punished for a crime he or she did not commit. As a prosecuting attorney, it is your ethical responsibility to provide truthful, accurate testimony and supportive evidence to justify your claims. If the lawyer knows that evidence was tampered with; an expert witness has strong biases that might affect the case or an eye witness account is not error-free, you should not present the evidence as proof against a defendant. Ethically, it is a prosecuting attorney’s duty to present complete facts, not partial facts, fiction or biased judgments as part of the case against a defendant.

Professional misconduct by prosecuting attorneys is not a new issue Jamaica. According to The Gleaner article written by Daraine Luton, entitled, “Bad Lawyers - More Than 200 Complaints against Attorneys Last Year”; approximately 216 complaints were made against attorneys-at-law by members of the public to the General Legal Council (GLC) in the year 2011-2012. This article also highlighted a case in which attorney, Haughton-Cardenas was found guilty of professional misconduct for her failure to pay over the sum of $2.6 million received by her for the complainant in a suit in which she acted for the complainant against Northern Caribbean University for wrongful dismissal and defamation. The defendant paid to Haughton-Cardenas the sum of $2.6 million by cheque dated 18th April, 2008, which was lodged on April 22, 2008. Haughton failed to pay over the sum collected or any part thereof as she was required to do, and she failed to account to the complainant for her money when she was reasonably required to do so in breach of Canon VII (b) of the Canons of Professional Ethics Rules.

As I have seen in many of these cases relating to ethical misconduct of attorneys, there is a failure to pay over money or failure to provide clients with all information as to the progress of their case. As representatives of clients, an officer of law and citizen they are expected to maintain a certain level of “good” conduct in society.  Simply put, though they don’t on numerous occasions attorneys are persons who should always uphold justice as they are a part of the face of justice.

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Election Fever

On this day, Wednesday February 24, 2016 only a few minutes until the day of Jamaica's General election and Jamaicans are in full election mode. 

For many youths this will be their first time voting, and they are extremely excited and proud to be getting the chance to exercise their democratic rights. Their decisions about who to vote for; where to put the ‘X’ came down to  a variety of factors; whether it be whose promises were less outrageous, realistic and achievable; or  who promise prosperity,  progress, job opportunities, tax removal, an overall better Jamaica. However many persons decision are also based on which party their family or friends belong to i.e. how they are socialized. As many Jamaicans would say, “mi a bawn labourite” or “mi a PNP from mi eye deh a mi knee” expressing their devotion to their party of choice.

According to Roger Brown in his article entitled’ “Jamaica 2016 election: Conundrum or crossroads?” in the Jamaica Observer, for over a generation, the PNP has had an unbreakable electoral lease on Jamaica House, save for a recent period when they briefly lost the key; having found it, they almost lost it again. Staring down the barrel of international bankruptcy, they acceded to punitive IMF terms, picked up the tax axe, and started hacking; it was hard work, but they saved the house… only problem is that the lease is up for renewal yet again.

Brown went on to add that in 1989, when the modern lease began, the J$/US$ exchange rate was $5.50 to US$1; when the lease expires next week, the J$/US$ exchange rate will be apx $122:1 with lease payments devaluing by a staggering 2,000 per cent over 27 years, the owners of the House (ie, Jamaicans), appear to have been serially shafted.

Neither the PNP nor the JLP embrace change easily; but whoever wins tomorrow is morally bound to tell the nation some hard truths and chart a course much different and improved than the one sailed for the past generation that only led to debt, devaluation, and distress.

So as the clock ticks we await the answer to the questions will Jamaica remain afloat in this restless sea, or be guided to a safe dock? Will it be the Green Tide or the Orange Wave that will return? Truth be told, it doesn’t matter a great deal: Jamaica’s true test comes not on the Election Day, but in the days thereafter. 

For me whether it is the ruling People’s National Party (PNP) or the opposing; Jamaica Labour Party (JLP), "Power" or "Shower" that forms the next Government, my only hope is that the administration places great emphasis on matters such as, education, agriculture, health care, national security, and maintaining and improving the justice system so that there will be an opportunity to form a better Jamaica. one in which we can  all be proud to live.

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Jamaica Political System Development cont'd

As stated by the Nations Encyclopedia, since earning its independence from England in 1962, Jamaica has been governed alternately by the two major political parties, the left-leaning People's National Party (PNP) and the more conservative, pro-business Jamaica Labour Party (JLP). These two parties have often offered conflicting programs for managing the economy and have sometimes resorted to violence in opposing each other. Throughout the 1970s and 1980s, both parties aligned themselves with rival gun gangs and fought their political battles in the streets as well as at the ballot box. The taint of political violence has touched nearly every election in Jamaican history and I have witnessed this up to this day in the year 2016. Isn't that so?

From 1972 to 1980 the PNP, under Prime Minister Michael Manley, adopted democratic socialism as its ruling platform and instituted state control over economic activities. The PNP had little success, as the widespread prosperity of the 1960s gave way to high inflation, unemployment, and great civil unrest and violence. During the 1970s Jamaica became a debtor nation; borrowing money from institutions and has remained so ever since as I am sure we see this being the case to this day. The more conservative JLP won control of the government in 1980 and maintained power until 1989. This pro-business party, led by Edward Seaga, withdrew state control from many industries and encouraged closer economic ties with the United States. Such controls were encouraged, even demanded, as a condition of loans made by the World Bank and the International Monetary Fund (IMF). Under Seaga, the economy recovered some of its strength. Nevertheless, Seaga's implementation of austerity measures demanded by the IMF as part of Jamaica's debt maintenance eroded his popularity, and in 1989 the PNP returned to power, again under the leadership of Manley. After Manley's retirement in 1992, Percival J. Patterson (PJ) assumed the position of prime minister and led the party to an unprecedented third consecutive victory in the 1997 elections. (Nations Encyclopedia, Politics Government and Taxation)

I am sure many of us can recall the fourteenth General Parliamentary Elections which were held on October 16, 2002. The PNP won 34 seats with 51.6% of the votes while the JLP won 26 seats with 46.9% of the votes. The Most Hon. P.J. Patterson was returned as Prime Minister for a historic third time and PNP a historic fourth term. In 2007 out of four PNP presidential aspirants. Portia Simpson Miller was named party president. It was the first time that a woman was elected to the leadership of a major political party in Jamaica. On March 31, Simpson Miller, officially entered the record books as Jamaica’s first female prime minister.

Then, the fifteenth General Parliamentary Elections were held September 3, 2007. The JLP won 32 seats with 49.98% of the votes while PNP won 28 seats with 49.35% of the votes. The Hon. Bruce Golding of the Jamaica Labour Party became Jamaica’s eighth Prime Minister since Independence. (Electoral Commission of Jamaica, 2016) This 2007 general election in Jamaica went down as one of the closest in the nation's history. The close victory triggered immediate controversy, as Prime Minister and PNP President Portia Simpson Miller refused to concede, stating that "the election is too close to call".  The Bruce Golding-led Jamaica Labour Party (JLP) defied the prophets to achieve its first general election win in 18 years.

Andrew Michael Holness succeeded Bruce Golding as both leader of the Jamaica Labour Party and Prime Minister on 23 October 2011, making him the ninth person to hold this office. As the youngest person to become Prime Minister in Jamaica many persons were excited and wanted to know what he is capable of. On 5 December 2011, Holness called the next election for 29 December 2011. But on 29 December 2011, the JLP lost at the polls to the People's National Party, which gained a large majority of 42 to the JLP's 21 parliamentary seats. 

In the current year, Prime Minister Portia Simpson Miller and leader of the Peoples National Party announced the date of the general election on 31 January 2016 as February 25, 2016. Simpson Miller set her party election machinery in motion before her premier political rival, Opposition Leader Andrew Holness, announced an election "roll call". 

And so here lies the question on everyone's mind and lips, who will triumph this time around?

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The Development of Jamaica’s Political System

In this year and month (February 25, 2016) of a general election a close look into the development of Jamaica’s political system throughout history is rather important. Especially because a number of us were not around in these years or were not old enough or understand what this whole notion of politics is about.

Beginning in 1970, the Jamaica Labour Party's identification with domestic and foreign business interests became increasingly evident. After Norman Manley died in 1969, his son Michael, a Third World-oriented social democrat, succeeded him as People’s National Party leader and began to revive the party's socialist heritage.

The 1972 election was a major landmark in Jamaica’s history, for the People’s National Party under the leadership of Michael Manley was swept into power after ten years of JLP domination. The PNP won the election with the largest majority in the nation’s history, capturing thirty-seven seats to the JLP’s sixteen. The political campaign was straightforward and generally non-violent, although there were numerous clashes between rival campaigning rallies throughout Jamaica. (Floyd 146).

In 1974, Edward Seaga succeeded Hugh Shearer as JLP leader and began playing an active role as leader of the opposition (1974-80). Seaga and Manley continued the traditional JLP-PNP leadership rivalry in the 1970s, but on a far more bitter and intense level than had Bustamante and Norman Manley. Born in Boston in 1930 of Jamaican parents of Syrian and Scottish origin, Seaga was educated at Wolmer's Boys School in Kingston and at Harvard University. He represented Denham Town, one of the poorest and blackest constituencies of West Kingston, which regularly gave 95 percent of its vote to the JLP.

The December 1976 elections witnessed major realignments in class voting for the two parties, as well as unprecedented political violence and division on ethical and policy issues. The support of manual wage laborers and the unemployed resulted in another sweeping victory in the elections for the PNP. The PNP was also aided by the lowering of the voting age from twenty-one to eighteen. Despite losing a substantial number of votes among the upper-middle and upper classes as well as among white-collar employees, the PNP retained majority support among these sectors.

 The PNP's dominant position in politics in the 1970s was reinforced on March 8, 1977, when the party won 237 out of 269 municipal seats in local government elections in which 58 percent of the electorate participated. By mid-term, however, internal PNP infighting between left-wingers and moderates had intensified and JLP opposition had escalated. Support for the PNP declined considerably as the public became increasingly concerned over the PNP's alliance with the communist Workers Party of Jamaica (WPJ), as well as growing unemployment, crime and other violence, internal party divisions, mismanagement of the government, and the government's close ties to Cuba.

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Ethical Issues of Judges--Are Judges judged?

Judges resolve disputes between people, and interpret and apply the law by which we live. Through that process, they define our rights and responsibilities, determine the distribution of vast amounts of public and private resources, and direct the actions of officials in other branches of government. Ethics might be more significant to judges than any other criminal justice practitioner because a judge must interpret the law honestly and independently without personal feelings, religious values or past experiences. According to the State of Nevada Commission on Judicial Discipline, judges who serve in Nevada must honor and obey five rules of ethics, including impartiality, no deviance from the law, non-biased decision making, no involvement with special interest groups in or out of the courtroom and participation in approved campaigning strategies.

For many years the judiciary has been guided by principles: the commitment to uphold the law and to do so in an impartial and unbiased manner. These fundamental principles are affirmed in the Oaths of Office that are required of judges. An example of the Oath required is that of the English Judiciary:

“I do swear that I will well and truly serve our sovereign... and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will…” (MacKay, 1995)

Despite the affirmation of these principles, they were not always adhered to as I would have heard of many instances in Jamaica in which these ethical guidelines are not followed. Judges instead filter in their personal experiences and feelings when making a judgment. For example a female judge in a case of child support being extremely harsh towards a father who fails to care for his child because her (the judge) father did not care for her as a child either.

Regardless of changes and the easing of cultural and professional restrictions on judges’ personal lives, judges must still take care not to become complacent about their ethical and professional responsibilities. In exercising such restraint, judges are bound to place some restrictions on their personal and professional activities. They must accept the fact that their chosen profession, which is so vital to society, demands their wholehearted and complete efforts to make their judicial roles their highest priority, regardless of the necessary personal sacrifices that this might require.

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Police Ethical Issues cont'

 It is unethical for a police officer to threaten, assault or badger an offender to get a confession or to make an arrest. A police officer has an ethical responsibility to make non-biased, non-discriminatory, law-abiding and justifiable judgment calls to protect innocent citizens. (Tucker, 2016). So police officers are faced with ethical issues on a daily basis in all their interactions with the public. And so it is especially important for them to know or can relate to what is ethically right or wrong. Any action that is consider wrong is referred to as police misconduct.

Police brutality is a form of police misconduct in which officers engage in an excessive use of force. In Jamaica this form of misconduct is of major concern. Police officers are to use force only when necessary and only to the extent required for the performance of their duty. However, it includes, unjustified shootings, severe beatings, fatal choking, and overall rough treatment (Human Rights Watch 1998; Article 3 of the U.N. Code of Conduct for Law Enforcement Officers). The most obvious form of police brutality is physical which involves the use of pain holds, batons, pepper spray and guns but it can also take the form of verbal abuse or forms of psychological intimidation.

Almost every night on the news in Jamaica, I have seen reports of shooting by the police under questionable circumstances. In these reports it is always expected that there will be two opposing narratives, one given by the police that says the incident was a shootout and the other by the residents claiming it to be murder in cold blood as the person killed was innocent of any form of wrongdoing. Nothing seems to grip the attention of the public more than the accounts of police officers overextending their legal authority by using excessive force to either effect an arrest of or to coerce information from individuals they interact with during the course of their duties. (Introduction to Policing, Police Misconduct chap 9) For this reason it is rather important for police officers to behave in an ethical manner to live up to the expectations of the citizens they serve.

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