The Matter of Guilty - Case Study Example

For justice to be attained in this scenario, Bauer should not try anything which will be against the course of justice. The role of the law is to protect the rights of the people, and since the attorney has trusted her enough to give her the task, she should undertake the matter with a lot of integrity (Federal Judicial Center, 2002). She should concentrate her efforts on the selection of a panel that is competent in what they are going to do. Integrity and justice should be her driving forces in the process, putting it in her head that at one time in her life, she will also require justice. If the wife is guilty, she should be punished accordingly by the law. However, we cannot overrule the fact that the crime might have been committed in self-defense. As a result, Bauer should let the real truth be discovered for fair judgment to be made.

Should Bauer offer her advice regarding the syndrome evidence? Why or why not.
Bauer can only do that if whatever she is going to say will be of help in the quest for the truth. She is against women battering and very sympathetic towards the woman. The strategy to be used during the defendant’s trial will determine the magnitude of the sentence to be administered. She surely should give her advice, if she feels that the syndrome gives inadequate evidence which may lead to an unfair sentence. However, since her role is not to identify the strategy, she should not choose the strategy to be used. All she will do is advise on what she thinks will serve best the interests of the case, though this should be done without any form of bias (Canadian Judicial Council, 2000). She can also present her strategy (PTSD) so that those concerned with that role will make an informed decision on the strategy to be used.

Should Bauer Pursue The Poison Pill Strategy? Why or Why Not.
Her main aim of wanting to pursue the poison pill strategy is to block the truth from being discovered. According to her, she will select jurors who are going to conflict in such a way that their discussions won’t result in anything worthwhile. It will be evil for her to pursue something which is going to waste people’s time. She should know that truth should always be left to reign in any circumstance. Pursuing the pill strategy may lead to the dismissal of the panel and new members appointed to take over the case. Unfortunately, if this happens it can only be worse for her because the new panel of jurors may even be too harsh on the defendant. The poison pill strategy she chose may eventually work against her unless it is executed with a lot of wisdom. Thus, she should come up with another better and fair strategy.

What Are the Ethical Implications of Dr. Bauer’s decision?
The decision made by Bauer is immoral and unethical since it is against the realization of justice (Canadian Judicial Council, 2000). As much as Bauer feels great pity for the battered wife, she should not defend the woman unethically. Rather she should look for ways of defending herself after allowing the truth to be discovered. Professionally, she should perform the duty entrusted to her diligently and objectively. By employing the poison pill strategy, people who lost their loved one in this case will not attain justice. Moreover, the defendant may get away with a crime, which may free her to commit similar crimes in the future. The defendant should be shown that what she did is wrong and that there were other better ways that she could have used to handle the situation. We should never take laws into our own hands as citizens to pay a wrong for wrong, but we are expected to report it to the authorities. Hence, the judicial system should be fair, transparent, and objective in its dealings. Read More