The American legal system hears many cases relating to liability, but surprisingly, most of these cases concern the prosecutors within their own legal system. In the Supreme Court case Connick v. Thompson, a district attorney’s office denied liability for the extreme misconduct of its prosecutors. The Supreme Court decided that the D.A. office was not liable for the actions of their prosecutors because they did not have a pattern of Brady violations. Contrary to the decision in Connick v. Thompson, the D.A. office should have been held liable for the misconduct of its prosecutors. Brady violations appeared throughout the case, other cases of Brady violations in that D.A. office, and the office’s blatant neglect to properly train its prosecutors. …show more content…
Thompson committed many Brady violations. Brady violations are based on Brady v. Maryland, in which the court required prosecutors to turn over exculpatory evidence. There was a large lack of stability regarding the main evidence of the case. The victim’s family gave a reward to the person who provided the main evidence of the case in which Thompson was sentenced to the death penalty (Equal Justice Initiative). The prosecutors failed to disclose this information with the defense, and therefore hid a crucial factor of the case. Due to the fact that there was a reward for coming forward with evidence, the person who provided the main evidence of the case could have been providing false information for personal gain. Additionally, an eyewitness gave a description of the perpetrator, and the description given looked nothing like Thompson. The prosecutors also failed to show the interview with this description, successfully hiding the evidence from the defense. Perhaps the most consequential Brady violation was that the prosecutors hid blood samples from the case which did not match the blood type of Thompson. Although Brady vs Maryland requires that the prosecutors turn this evidence over to the defense, they did not (Lithwick). This was an extreme Brady violation and resulted in Thompson serving fourteen years on death …show more content…
office did not commit Brady violations because there was not a pattern of violations in that office, there were multiple violations in that D.A. office. In the Concurring Opinion, Scalia said that “the question presented for our review is whether a municipality is liable for a single Brady violation by one of its prosecutors” (Scalia). Similarly, Judge Clarence Thomas also claimed that a single Brady violation done by a single prosecutor cannot establish liability in the Opinion of the Court (Thomas). However, there were multiple prosecutors involved in Connick v. Thompson who withheld evidence. Gary Deegan, a junior prosecutor on the case, confessed to withholding evidence by removing bloodwork from the evidence room (Lithwick). The prosecutor that he admitted this to then proceeded to withhold this information for another five years (Lithwick). Likewise, Ruth Bader Ginsburg states that “ no fewer than five prosecutors—the four trial prosecutors and Riehlmann—disregarded [Thompson’s] Brady rights” (Ginsburg). Since multiple prosecutors being involved in the violation of Brady, Scalia’s claim that a single prosecutor committed these violations is false. Additionally, there were multiple cases of the Orleans Parish District Attorney Office withholding evidence. Just ten years before Thompson’s case, Louisiana state courts overturned four other similar cases of withholding evidence in that D.A. Office (Equal Justice Initiative).
The case United States v. Lawson, 2009 WL 1916063 (Ky. 2009) deals extensively with FRE Rule 404(b). In the case four different items of evidence are viewed for admissibility under Rule 404. The case focuses on three co-defendants who are charged with five counts of bribery conspiracy and three counts of conspiracy on construction or repair of state roads and highways. The motion viewed focuses on Nighbert, a co-defendant, and his objections to admitting certain evidence against him under Rule 404(b). The four items are: an FBI report of an alleged conversation Nighbert had with the mayor regarding his son, failed disclosure on financial forms of his ownership of a company, an FBI interview concerning Kentucky road contracts and Nighbert, and a newspaper article regarding the defendant’s property and nearby construction.
Manning tried again, but his conviction was reversed on appeal due to the
Today marks the 80th anniversary of the devastating Supreme Court case of Palko v. Connecticut[1] in which the Supreme Court held that the 5th amendment right against Double Jeopardy did not apply to state courts. While Palko[2] was eventually overturned by the landmark case of Benton v. Maryland[3], Palko stood for 32 years as an impediment to peoples Constitutional rights. The Case[4] The case behind Palko perhaps explains the Courts dim view. Late one evening in 1935, Frank Palko[5] broke into a music store in Fairfield County Connecticut[6] , stole a phonograph and fled the scene on foot. Mr. Palko was quickly cornered by a police officer who he shot and killed.
State, 220 Md. 193, 198, 151 A.2d 743, 746 (1959), "that is not a fatal objection." ” Bloodsworth v. State, 307 Md. 164, 171 (Md. 1986) On the basis of Brady, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215(1963), Bloodsworth takes issue with the State's failure to provide the defense with a copy of a confidential report by Detective Mark Bacon. This report concluded with Bacon's "opinion that Mr. Bloodsworth introduced evidence from an expert to the effect that the seized shoes in question were five half sizes too small for
Ultimately it was allowed and probably helped out the prosecutors more than the defense. The notebook of Holmes is a telling piece of evidence. It, however, can be used for both sides of the case. Using the book to claim that James Holmes was insane could be an
In order to charge Knox with murder, the defense should have raised a case against Mrs. Knox based on a conspiracy tactic. This would have convicted Knox for killing and Mrs. Knox for conspiracy to murder and obstructing justice. Over the years, legal television shows have been an important
The crime occurred in the state of Maryland so they must have known the charges against them would be severe and they would have received the maximum punishment. Eventually the crimes would have caught up to Brady and he would have had to serve some punishment for his role in the death of
These charges would range from sexual mutilation and sodomy and theft (Rosewood 216) (SC 5). During his trial, the jury was horrified by the evidence against him. One juror even said that he looked like a completely normal man but was hiding a dark secret. There was a doctor who took the stand to try and explain what may have been Kraft’s motives for his crimes. The jury found him guilty and sentenced him to the death penalty.
This scene shows that though the court of law sees Cates as guilty, publicly influenced Brady’s thoughts and showed him his final position. Public opinion influencing the court of law can also be seen in the real world in the 2006 Duke Lacrosse case. The 2006 Duke Lacrosse case was when three Duke Lacrosse players were arrested for a false report of them sexually assaulting another student at a party. They offered to let them take their DNA and take lie detector tests, and they took their DNA but denied them taking a lie detector test. They also had photo proof that the accuser was already injured before coming to the party.
In the 1963 ruling in Brady v. Maryland, the United States Supreme Court ruled that any government state or federal has the duty to disclose to a defendant and his counsel any exculpatory information or evidence in its possession. If the
In addition, a motion to suppress was filed, noting inculpatory statements which Duhon had given to investigators. His attorney argued that Duhon lacked the mental capacity to provide voluntary statements and did not understand his Fifth Amendment right to remain silent. Therefore, the statements provided by Duhon, even though he voluntarily gave them, cannot be used in court. The more imperative evidence, including the testimony of court-appointed experts in forensic psychology and criminal law, concludes that Duhon will remain incompetent. If the defendant is deemed incompetent, he cannot communicate with his attorney, cross examine witnesses, decide how to plea, and etc.
Back in 1975, there was a major case called, Payton V. New York. Theodore Payton was suspected of murdering a gas station manager, they found evidence within his home that connected him with the crime. What caused the problem was the fact New York had a law that allowed unwarranted searches if the person was a suspect. Based off the oral argument presented by Oyez, the police said it didn't count as the evidence because it was in public view when entering the home. It had to be appealed before it was determined as unconstitutional.
Richardson alleges they hid evidence of Zains Faked crime lab tests and false trial testimony four years before others uncovered the lie (Messina, Lawrence). This helps back up the information on Richardson’s case.
NFL Great OJ Simpson dominated the field while bringing much attention to his love of the game, little to be known that his life came crashing down by jealousy and rage. The year 1994 proved to be the beginning of an avalanche of events causing eruption, chaos and pandemonium which brought his defense to the fact he was wanted for the Murder of his long time wife Nicole Brown , and Ron Goldman. Through the eluding of cops, national defense livestreamed throughout the world, and interruption to sports throughout the country, this is the most sought after cases and the world is out to prove his guilt after definitive evidence proving he was a murderer. With evidence, and insight I will give reasoning why in fact he is a guilty man and should remain behind bars.
Facts A lady had an abortion performed through back alley means, and had medical complications that resulted in her being in the hospital and questioned by police. She gave them the name of the petitioner, Julius Wolf. The police then followed up on the lead and entered his office without a search warrant and seized items as evidence, one of which was a list of patients. The police then used that evidence to gather more testimony against Wolf.