Bad Lawyers Are Very Bad: How They Cause Harm to Clients, the Justice System, and Society

Prosecutorial Misconduct: What It Is and Why It Matters

Prosecutorial misconduct refers to any illegal or unethical behavior by a prosecutor that undermines the fairness of a trial or the rights of the accused. Prosecutors are sworn to seek justice, not merely to win cases, but when they engage in misconduct, they can violate the fundamental principles of due process and the integrity of the legal system.Common examples of prosecutorial misconduct include:

• Withholding Exculpatory Evidence: Prosecutors are required to turn over evidence that could prove a defendant’s innocence. Failing to do so, known as a Brady violation, undermines the right to a fair trial.

• Making Inflammatory Statements: If a prosecutor makes statements in court or in the media that inflame emotions, prejudice the jury, or promote a bias against the defendant, it can compromise the fairness of the trial.

• Misleading the Jury: Prosecutors must present evidence truthfully. Deliberately misrepresenting facts or presenting false evidence is a violation of ethical and legal standards.

• Improper Closing Arguments: During closing arguments, a prosecutor may overstate or mischaracterize the evidence in a way that misleads the jury into a biased verdict.

• Overzealous Pursuit of Convictions: A prosecutor who pursues charges without sufficient evidence or relies on dubious tactics to secure a conviction can be seen as engaging in misconduct, especially when it ignores or disregards the rights of the accused.

Why Prosecutorial Misconduct is Harmful:
Prosecutorial misconduct can have devastating consequences for the defendant, the justice system, and society as a whole. For the accused, it can result in wrongful convictions, severe punishments, and even irreversible damage to their life, career, and reputation. For the public, it breeds distrust in the legal system and may embolden future misconduct.

In the worst cases, prosecutorial misconduct can mean the difference between freedom and unjust imprisonment or even the loss of a life. This makes it not only a violation of the law but a profound moral and ethical failing.

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Bad Lawyers Are Very Bad: How They Cause Harm to Clients, the Justice System, and Society

A lawyer's role is to advocate for their client while upholding the principles of justice, fairness, and ethical conduct. But bad lawyers—whether through incompetence, negligence, or unethical behavior—can wreak havoc on the lives of their clients and tarnish the legal profession. When lawyers fail to fulfill their responsibilities, the consequences can be severe, both for the individual client and for the justice system as a whole.

Incompetence and Negligence

At its core, a bad lawyer may simply lack the skill or knowledge necessary to competently represent their client. Whether through ignorance of the law, lack of preparation, or poor judgment, an incompetent lawyer can:

1. Miss Important Deadlines: Many legal processes are governed by strict deadlines. Missing a crucial deadline can result in a case being dismissed, a client’s claim being forfeited, or a potential defense being waived.

2. Fail to Investigate Properly: Lawyers have an ethical duty to thoroughly investigate their cases. A lawyer who fails to gather key evidence or properly research the law risks presenting an incomplete or flawed defense, causing irreparable harm to the client's case.

3. Neglect Legal Procedures: Legal procedures can be complex and multifaceted. A bad lawyer might neglect important procedural steps, such as filing required motions, requesting appropriate documents, or objecting to inadmissible evidence during trial. This failure can drastically reduce the chances of a favorable outcome.

Unethical Behavior

Some lawyers cause harm not simply because they lack skill, but because they act unethically. Unethical conduct can take many forms, including:

1. Conflicts of Interest: A lawyer with a conflict of interest, such as representing multiple clients whose interests are incompatible, may not be able to fully advocate for each client. This can lead to biased or inadequate representation.

2. Dishonesty and Fraud: In extreme cases, a bad lawyer might deceive clients or the court. This could include falsifying evidence, misrepresenting facts, or lying about case developments. Dishonesty destroys trust and undermines the integrity of the entire legal process.

3. Taking Advantage of Clients: Some unscrupulous lawyers exploit vulnerable clients for financial gain. This might involve charging exorbitant fees, taking on cases they are ill-equipped to handle, or even neglecting clients altogether once they’ve been paid.

Bad Lawyers and the Harm They Cause

The harm caused by a bad lawyer extends far beyond the individual case. Here's why:

• Wrongful Convictions or Acquittals: A bad defense attorney in a criminal trial can lead to a wrongful conviction, which can send an innocent person to prison. Conversely, a bad prosecutor or defense attorney can lead to the acquittal of a guilty person, which undermines the justice system.

• Injustice for Victims: In civil cases, a bad lawyer can cause further harm to victims by failing to secure compensation, damages, or even an apology. A lawyer who doesn't fight hard enough for their client’s interests can result in them being deprived of what they are entitled to.

• Loss of Public Trust: When lawyers fail in their duties, it erodes the public’s trust in the legal system. People begin to question whether they can ever truly get a fair trial, whether they will be represented competently, and whether the law is being administered impartially. A loss of public trust threatens the legitimacy of the entire justice system.

• Psychological and Emotional Damage: A bad lawyer can cause significant stress, anxiety, and emotional turmoil for their clients. Clients may feel abandoned or betrayed by someone they trust to handle their case, which can lead to emotional scars long after the case is concluded.

The Impact on Society

Bad lawyers are not just harmful to their clients—they can harm society as a whole. A flawed legal process due to incompetent or unethical lawyers means that justice is not served equitably. When justice is compromised, it can lead to societal unrest and the further perpetuation of inequality. Furthermore, allowing bad lawyers to operate without consequence can create a cycle of negligence and abuse that erodes public faith in legal institutions.

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Conclusion

The consequences of prosecutorial misconduct and bad legal representation are far-reaching. Whether through malicious intent or incompetence, when lawyers fail to fulfill their ethical and professional obligations, the effects are felt by the clients, the courts, and society at large. Protecting the integrity of the legal profession, holding lawyers accountable, and ensuring proper legal oversight are essential for maintaining the fairness and legitimacy of the justice system. Justice is too important to leave in the hands of those who undermine it.

An excerpt from the article by Michael Kiefer ~

Registry records prosecutorial misconduct
Jan 12, 2014

The Republic | azcentral.com

The Center for Prosecutor Integrity’s registry comprises 201 federal cases dating back to 1997 in which prosecutorial misconduct was found by a federal trial court or appeals court. It lists the type of case and the nature of the misconduct, from withholding evidence to perjury. The registry also includes any sanctions imposed by the court.

The information is intended to educate the public and provide a research tool for attorneys.

According to the center, the Registry of Prosecutorial Misconduct was created to provide hard data that could lead to accountability by prosecutors.

“We expect many groups will use it,” said E. Everett Bartlett, Center for Prosecutor Integrity president. Among those, Bartlett included lawmakers, criminal-justice programs, forward-looking prosecutor organizations, and advocacy groups such as the Innocence Project.

On its website, the Center for Prosecutor Integrity defines itself as an organization dedicated “to preserve the presumption of innocence, assure equal treatment under the law, and end wrongful convictions.” It defines prosecutorial misconduct as “a violation of a code of professional ethics or pertinent law, or other conduct that prejudices the administration of justice, whether intentional or inadvertent.”

Bartlett expects to expand the database, and his center has calculated that there have been at least 15,000 instances of prosecutorial misconduct in the U.S. since 1970 in all state and federal courts.

Bartlett said the registry was created following several articles about the issue of prosecutor conduct, including stories in USA Today andThe Arizona Republic.

FIRST OF ITS KIND!!

The CPI Registry of Prosecutorial Misconduct

Press Release about the Registry

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Protecting Parent-Child Bonds

The protection of parent-child bonds is a crucial issue, particularly in the context of family law, child custody, and divorce. The goal is to ensure that both parents and children have a relationship that fosters healthy emotional, psychological, and social development, even during difficult times like separation or divorce. Various individuals, organizations, and systems play a role in safeguarding these bonds. Here’s a look at who protects the parent-child relationship:

1. Family Courts

• Judges: In cases of divorce or custody disputes, family court judges have the responsibility of making decisions that prioritize the well-being of children. They are guided by the principle of "the best interests of the child," which aims to protect the child’s emotional and developmental needs. When determining custody arrangements, judges must weigh a variety of factors, including each parent's relationship with the child, the child’s attachment to each parent, and the capacity of each parent to meet the child’s needs.

• Custody Evaluators: In some cases, judges may appoint a custody evaluator or guardian ad litem to investigate the family dynamics and make recommendations. These professionals assess the relationships between the parents and the child, observe how the child interacts with each parent, and report their findings to the court to help the judge make a well-informed decision. They play an essential role in advocating for the child’s best interests, including ensuring that the parent-child bond is maintained.

2. Mental Health Professionals

• Child Psychologists/Therapists: Psychologists and therapists working with children can be instrumental in protecting and preserving the parent-child relationship. They help children navigate the emotional complexities of divorce or separation, assist in trauma recovery, and provide strategies for maintaining healthy attachments to both parents. For example, they may offer counseling for children who struggle with the transition to living with one parent full-time or those who have been exposed to high-conflict situations.

• Parenting Coordinators: In high-conflict custody cases, some courts appoint parenting coordinators to help parents manage ongoing disputes and facilitate communication between them. These professionals often have a background in law or mental health and can help parents focus on their child’s well-being, ensuring that they understand their child’s needs and how to foster a positive relationship despite their own differences.

3. Child Welfare Services

• Child Protective Services (CPS): While the primary role of CPS is to intervene when a child's safety is at risk due to abuse or neglect, they can also work to preserve parent-child bonds. In cases where one parent is found to be abusive or unfit, CPS may facilitate supervised visitation or offer reunification services, helping the child maintain a connection with the parent in a safe and controlled environment.

• Foster Care System: In cases where children must be removed from their home for their safety, foster care systems attempt to place children in homes where they can maintain connections with their biological parents if possible. Reunification efforts are often a priority, with social workers and other professionals working to support the parent-child bond during the process.

4. Mediation Services

• Family Mediators: Mediation is an alternative to litigation in family law cases, and mediators help parents reach an agreement that benefits the child and preserves important family relationships. Mediators often emphasize cooperative parenting and the importance of maintaining strong parent-child bonds. In mediation, parents work out a custody or visitation arrangement that fosters the child’s connection with both parents, avoiding the adversarial nature of a court battle.

5. Parents Themselves

• Co-Parenting and Parenting Plans: Ultimately, the responsibility of maintaining and nurturing the parent-child bond often rests with the parents themselves. While the courts and professionals can help, parents must be willing to put aside personal conflict and work together for the well-being of their children. A well-structured parenting plan—detailing visitation, communication guidelines, and how decisions about the child’s welfare will be made—can help protect the bond by ensuring consistency and stability in the child’s life.

• Cooperative Co-Parenting: In cases where parents are separated or divorced, cooperative co-parenting can be a key factor in preserving strong parent-child relationships. Parents who communicate well, support each other’s roles, and maintain a unified approach to discipline and care can help their children maintain healthy relationships with both parents. However, when parents are in high conflict, this becomes much harder, and outside help may be needed to ensure that both parents remain actively involved in the child's life.

6. Support from Extended Family and Community

• Grandparents, Aunts, Uncles, and Family Friends: Extended family and close friends can provide emotional support to both parents and children during difficult times. They can offer a safe space for children to process their feelings and maintain connections with family members who are important in their lives. In some cases, the court may allow extended family members to be involved in custody arrangements if it benefits the child’s well-being.

• Community Organizations and Support Groups: Various nonprofits and community organizations offer services to families experiencing divorce or separation. These groups might provide parenting classes, counseling, and even supervised visitation services to help parents maintain a relationship with their children in a structured, supportive environment.

7. The Child’s Best Interests

• Ultimately, in family law, the best interests of the child is the paramount consideration when determining custody and visitation. This includes ensuring that the child’s emotional bonds with their parents are respected and preserved. Even if one parent has more custody time or the child is primarily with one parent due to logistical reasons, the legal system is supposed to protect the child’s need for relationships with both parents, when possible.

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How Can the Parent-Child Bond Be Protected in High-Conflict Situations?

In cases where parents are highly contentious or one parent attempts to undermine the relationship between the child and the other parent (through alienation or manipulation), protecting the bond can be more difficult but still possible. Some strategies and interventions include:

• Supervised Visitation: In cases where one parent poses a risk to the child (emotionally or physically), supervised visitation can ensure that the child still has access to both parents in a safe, monitored environment.

• Parental Alienation Awareness: Courts are increasingly aware of parental alienation (when one parent undermines the relationship between the child and the other parent). If a parent is found to be alienating the child from the other parent, the court may order therapy or adjust custody arrangements to help the child repair the relationship.

• Therapeutic Intervention: In cases where the child is struggling to maintain a relationship with one or both parents, family therapy or specialized child therapy can be crucial. This helps children express their feelings, address trauma, and rebuild trust.

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Final Thoughts

Protecting the parent-child bond is a multi-faceted effort that involves legal professionals, mental health experts, child welfare systems, and most importantly, the parents themselves. In a family law context, the system strives to ensure that children have the opportunity to maintain healthy, loving relationships with both parents, unless there is significant evidence that one parent poses a risk to the child’s well-being. It’s a complex, sometimes challenging task, but one that is vital to ensuring that children can grow up with strong emotional foundations.

Do you think the current family law system does enough to protect parent-child bonds? What more could be done to improve this?

American Fathers Liberation Army

Fatherless Day - Nationwide event - Google+plus.google.comRegister at: http://fathers4justice.org  and/or info@f4j.us

American Fathers Liberation Army

Annual Fatherless Day Rally - Google+plus.google.com United we Stand on Friday June 13th 2014 because every day is an unlucky day for a non custodial parent, and anyone dealing with (anti) family court, cps among others.

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If we understand what is happening is INJUSTICE then we must fight to change things

"If we understand what is happening is INJUSTICE then we must fight to change things." ~ Vladek Filler

ASSAULT UPON OUR CIVIL RIGHTS

The United States Constitution is the wellspring of civil rights for American citizens. The Constitution, along with the Bill of Rights, subsequent Amendments, and Supreme Court rulings, define our fundamental freedoms and outline our unique system of law which, in the words of Founding Father John Adams, assures that American democracy remains a “government of laws and not of men.”

The term “civil rights” refers to the fundamental freedoms of the individual. These rights are rooted in the 14th Amendment to the Constitution, ratified in 1868:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any persons of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

The original purpose behind the 14th Amendment was to protect the rights of Blacks newly freed from slavery by President Lincoln’s Emancipation Proclamation. Lamentably, southern states passed a series of so-called Jim Crow laws during the following decades that promoted racial segregation and discrimination, all under the guise of “separate but equal.” Beginning in 1917, the U.S. Supreme Court began to strike down these laws. 

1 Passage of the Civil Rights Act of 1964 marked the close of the infamous Jim Crow era.

Once again, Americans’ fundamental liberties are being challenged. This time, the justification emanates from a social mandate to curb intimate partner aggression, commonly referred to as “domestic violence.” This Special Report enumerates and analyzes the far-reaching impacts of domestic violence laws on Americans’ civil rights.

“We must scrupulously guard the civil rights and civil liberties of all citizens, whatever their background. We must remember that any oppression, any injustice, any hatred, is a wedge designed to attack our civilization.” —Franklin Delano Roosevelt

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Guarda y custodia. Interés superior del menor

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Children's Rights

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Why Father Involvement Is Critical: The Importance of Active Fatherhood

Why Father Involvement Is Critical: The Importance of Active Fatherhood

Father involvement has long been recognized as an essential aspect of a child’s development and well-being. While the role of mothers in child-rearing has traditionally been emphasized, recent research and evolving societal attitudes underscore the profound impact fathers have on their children’s lives. Involved fathers contribute positively to their children’s emotional, social, and cognitive development, and their participation helps to create stronger families and communities.

Here’s why father involvement is critical:

1. Emotional and Psychological Development

Father involvement is strongly linked to positive emotional outcomes for children. When fathers engage in their children’s lives—whether through play, conversation, or shared experiences—they provide emotional support, security, and guidance. This active participation has been shown to foster higher levels of self-esteem, self-confidence, and emotional stability in children.

Children who experience consistent and supportive father involvement tend to develop healthier emotional regulation, which allows them to cope better with challenges and stress. On the other hand, a lack of fatherly involvement can contribute to feelings of neglect or abandonment, leading to emotional struggles or attachment issues.

2. Cognitive and Academic Achievement

Fathers are critical to fostering intellectual growth and academic success in their children. Studies have shown that children with involved fathers tend to have higher IQs, better problem-solving abilities, and stronger academic performance. This is especially true when fathers actively engage in activities like reading, assisting with schoolwork, and encouraging educational curiosity.

Fathers often offer unique perspectives, insights, and challenges that promote critical thinking and innovation in children. Their involvement can also set high expectations and motivate children to strive for academic excellence. Conversely, children who lack fatherly involvement may struggle with concentration, motivation, and discipline, all of which can affect their academic progress.

3. Social and Behavioral Development

Active fatherhood has a profound effect on a child’s social skills and behavior. Fathers often engage with their children in ways that encourage independence, self-control, and social responsibility. By participating in activities like sports, games, and problem-solving tasks, fathers help children learn the importance of teamwork, perseverance, and conflict resolution.

Research indicates that children with involved fathers are less likely to engage in risky behaviors such as substance abuse, early sexual activity, or violent conduct. On the flip side, children who grow up without a father’s involvement or guidance are more prone to behavioral problems, delinquency, and poor social interactions, which can carry into adulthood.

4. Gender Role Development and Relationship Skills

Fathers play an integral role in shaping their children’s understanding of gender roles and relationships. A positive relationship with an involved father can influence how a child forms relationships in the future. For example:

• Daughters: A father who models respectful and nurturing behavior towards women teaches his daughters what to expect in their own relationships, promoting healthy self-esteem and relationship standards.

• Sons: A father’s example serves as a model for their sons’ behavior towards others, particularly women. A positive male role model can influence a son’s attitude towards women, teaching them to treat others with respect, kindness, and equality.

Additionally, a strong father-child bond sets the stage for healthy romantic relationships in the future. Sons who have positive relationships with their fathers are more likely to form stable and respectful relationships with women. Likewise, daughters with involved fathers are less likely to tolerate abusive or unbalanced relationships.

5. Economic and Practical Support

Fathers are often key sources of economic support for the family, and their involvement can positively affect a child’s quality of life. When fathers share in the responsibility of providing financial stability, it lessens the economic burden on mothers, allowing both parents to contribute to a child’s upbringing. This balance provides children with access to better educational resources, healthcare, and extracurricular activities, all of which contribute to their well-being.

Moreover, father involvement isn’t just about financial support—it’s also about sharing parenting duties. Fathers can contribute to day-to-day responsibilities such as cooking, cleaning, or driving children to activities, which lightens the load for mothers and creates a more balanced and supportive family environment.

6. Breaking the Cycle of Fatherlessness

In many communities, the absence of fathers in the home is a persistent issue. Studies show that fatherless children are more likely to experience a range of negative outcomes, including higher rates of poverty, school dropout, juvenile delinquency, and mental health issues. When fathers actively participate in their children’s lives, they break the cycle of fatherlessness and create a more positive and hopeful future for the next generation.

Fathers who stay involved in their children's lives, even if they do not live with them full-time, can have a lasting and beneficial impact. Whether through joint custody arrangements, regular visitation, or simply maintaining an active presence, fathers can provide the stability and support their children need to thrive.

7. Strengthening Family Relationships and Community

Father involvement has the power to strengthen family bonds and improve overall family dynamics. When fathers and mothers share the responsibility of parenting, it leads to more balanced, cooperative relationships between parents. This teamwork benefits the entire family unit, offering children a sense of security and emotional consistency.

Additionally, when fathers are involved in the lives of their children, they contribute to the broader community fabric. Active fathers often engage in their communities, from coaching youth sports teams to participating in local volunteer efforts. By modeling these behaviors, fathers teach their children the value of social responsibility, helping to create a community of engaged and conscientious citizens.

Conclusion: The Vital Role of Fathers

Father involvement is not a luxury—it’s a necessity. Involved fathers provide emotional, social, economic, and developmental benefits that shape the future of their children and society. From boosting academic success to fostering emotional stability, fatherhood is a powerful force for good.

As we continue to understand the impact of fathers on children’s lives, it becomes clear that supporting and encouraging father involvement should be a societal priority. When fathers are actively involved in their children’s lives, they set their children on a path to success, happiness, and fulfillment. Ultimately, father involvement isn’t just good for children—it’s good for families and society as a whole.

Father involvement is critical for your organization. Father Friendly Check-Up™ is a Low Intensity tool to help you successfully engage dads and strengthen the families in your community. This assessment allows you to analyze your physical environment, location, organizational philosophies, staff attitudes, and more.