After careful review of the assigned material The Untouchables: America’s Misbehaving Prosecutors, And The System That Protects Them, an article by Radley Balko published in the Huffington Post August 2013 argues Brady violations which are the failure to disclose, as a matter of law, exculpatory evidence, as required under Federal case law. Balko addresses prosecutor misconduct and lists the tens of thousands of prosecutorial misconduct cases that have been studied by ProPublica, the Center for Public Integrity, USA Today, the Innocence Project , and Yale Law.
Senate Bill s. 353 was introduced in Senate on 3 February 2015 titled Justice Safety Valve Act of 2015. This bill authorizes a federal court to impose a sentence in a criminal proceeding
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These types of changes would create significant change if fully implemented. As discussed, the open file system will test the integrity of the prosecutors work and leave little to no room for error and corruption. Better education for prosecutors will provide a better understanding of the consequences they face if misconduct is demonstrated. Finally, harsher penalties will strike fear into the prosecutors who consider applying corruption into the system.
Finally, there are four solutions proffered, Restoring discretionary authority to judges, “Open File” reform, Criminalization and Punishment of deliberate and serious prosecutorial misconduct, and Improved prosecutorial education.
“Open File” reform would be the most important solution because it discloses all the information regarding each case. This solution can be loosely associated with Utilitarianism because by keeping an open file only good could come from exposing all parties with the evidence and facts of the
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Although, because of his experiences as the attorney to the mob, I’m sure Mr. Murray could explain how he has not violated any of the eight elements. In the interview with Murray I will never forget the colorful statement he made “It’s good to know the law, It’s good to know the facts, It’s better to know the judge” This statement questions Murray’s ethics proving that he will do whatever it takes to win a case, even if it means demonstrating unethical actions.
Murray participate in the creation or preservation of evidence when he or she knows or it is obvious that the evidence is false in several occasions. One that come to mind from the assigned video is when Murray explains how he defended an individual who was accused of stabbing the victim seven times, Murray argued the victim backed into the knife and lowered his clients sentence.
Murray knowingly use perjured testimony or false evidence when questioning a woman on the stand regarding his clients penis. He asked if the woman if his clients penis was circumcised or uncircumcised, knowing she answered the question incorrectly he was able to get all charges dropped for his
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.
Case Summary Part 1 The prosecution is legally bound to disclose to the defense evidence that is favorable to the defendant. Three examples of the prosecutor’s obligations to disclose evidence are Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and United States v. Agurs, 427 U.S. 97 (1976). According to Rule 3.8, “the prosecutor must make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by
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.
Prosecutorial misconduct (Westlaw Research Skills Three). iii. Legal issue: Is the prosecutor able to use improper comments that can sway the court against the person on trial? (Westlaw Research Skills Three). iv.
Firstly, this case set precedent that when a criminal proceeding is initiated against an accused
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 criminal justice system can easily be biased to reflect and support their own self interest. The criminal justice system is the only organization that is able to remove criminals from the streets. Even though it takes many officers to make a difference in a community, there is no assurance that each officer
The brazen police misconduct in violating an individual's Sixth Amendment right to counsel warranted dismissal of the confession; there no mere technicality or question of Couey's invocation of his right to counsel as he requested a lawyer "eight times in 46 seconds" (Associated Press, 2006).
I have given this investigation careful consideration due to Officer Noname’s length of service within the Spring Falls Police Department. Through the facts given and statements made by Officer Noname, I am requesting immediate termination of employment. By lying to investigating officials in his involvement with the misuse of department resources, Officer Noname has become untrustworthy and his credibility as an officer of the law has been brought into question. It is from this incident that if Officer Noname were to give testimony in a hearing, his credibility would be called upon due to his dishonesty during this investigation. In Brady v. Marland (1963) and Giglio v. United States (1972), the Supreme Court has imposed rulings that all exculpatory evidence must be disclosed and that the defendant has a right to learn of any incriminating and/or discrediting information pertaining to the witnesses against them and may result in impeachment of witness testimony.
In this episode of “Criminal Injustice,” with David A. Harris, Harris and guest Beth Schwartzapfel, who is the author of two articles on this set of problems and is a staff writer on the Marshall Project, talk about the Brady v. Maryland rule as well as how this rule is violated daily to the point where it negatively impacts the whole system and why it is long overdue for change on this issue. Back in 1963, the Supreme court decided the case of Brady v. Maryland. In this case, the government withheld crucial evidence from the defense. The supreme court said that if the prosecution has material evidence in its possession that would exonerate or even lessen the punishment the defendant then the prosecution would have disclosed that evidence.
Prosecutor accountability is a common cause for prosecutorial misconduct because the prosecutor has this immunity and also does not have an overhead boss to regulate them. The District Attorney's office is one of the most compartmentalized branches of the justice system, and this allows for much of their work to be out of the public eye -- making it hard for other people to hold them accountable and giving him wiggle-room with the cases they work on. Nifong was held accountable for his actions, however, this is much more likely attributed to the high profile of the case, the serious nature of the exclusion of necessary exculpatory evidence, and the Alan-Gell case that happened prior to the Duke Lacrosse case making sanctions in NC more serious. He messed up on a case that was very high on the Criminal Justice wedding cake, and when that happens, a lot of people see that mistake, and when a lot of people see a mistake, politicians take more severe action than they normally would have to fix it to appeal to the
Defendant has only made statements to ruin Coach Josephs’s reputation. Coach Josephs was the only coach cleared of any involvement in the scandal, but Defendant was not satisfied with the police investigation. Defendant was not satisfied with Coach Josephs’s offer to testify at Court. Defendant will never be satisfied because she wants Coach Joseph to pay for her son’s death, and she has proven that she is willing to make reckless false statements to make him pay. Every statement Defendant makes is targeted at damaging Coach Josephs’s reputation, which makes them
The decision to charge or drop charges, what type of charge (such as felony or misdemeanor), or whether to offer a plea, are just a sample of the many powers that prosecutors hold. The greatest form of accountability currently on prosecutorial power are elections. However, despite this, there is still a gap between the powers of a prosecutor and the amount of accountability they hold to the people they serve. This often is a result of many prosecutors across the country running in unopposed elections or elections hinging on the outcomes of individual, high profile cases. Given the vast amounts of power prosecutors hold and how this power is exercised at various stages of the justice system, data-driven prosecution has the potential to provide more accountability for prosecutors.
United States, the Supreme Court held that the Sixth Amendment forbids state institutions from instigating statements of self-incrimination from defendants, specifically after the right to counsel has been “attached” to the defendant. Massiah was accused of violating a federal drug statue; he maintained a lawyer, pled not guilty, and paid bail. Massiah eventually met with a co-defendant, who had decided to cooperate with the government by recording the conversation between him and Massiah. During a conversation with the co-defendant, Massiah had unknowingly incriminated himself, and such self-incrimination would be used against him in court. However, when Massiah appealed to the Supreme Court to void those statements, the court granted his request due to the absence of Massiah’s lawyer.
The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.