If in the course of investigating a crime the prosecuting attorney came upon evidence that would assist the defense in proving the defendant innocent of the alleged crime, what should the prosecutor do? What do you think the normal prosecutor would do?
#1 by Lime on 11/22/2011 - 5:26 AM
He SHOULD tell the defense attorney but he WOULDN’T. I don’t think any attorney would tell the other side what would help him unless he’s court appointed and he doesn’t like his client.
#2 by nevadablondie2008 on 11/22/2011 - 6:04 AM
Lawyers are out to win their case not find truth.
#3 by chimerarose on 11/22/2011 - 6:57 AM
An ethical prosecutor who is more concerned with justice should provode the defense with the evidence or drop the charges based on that evidence (if it’s strong enough).
#4 by pjbthree on 11/22/2011 - 7:24 AM
The normal prosecutor would turn over the evidence because his job is not to win cases, his job is to see that justice is done and he takes an oath to do that.
I clerked for an appellate judge when I was just out of law school. he was an ultra-conservative Republican. It was an emergency hearing because a trial judge had just thrown out a confession. The prosecutor argued, “Judge without this evidence I can’t win this case.” The judge (who was fair skinned) instantly got red as a beet, pointed a finger at him and yelled, “your job is not to win cases, your job is to see that justice is done!”
#5 by John K on 11/22/2011 - 7:31 AM
The prosecutor is required by law to turn over this evidence. Any prosecutor with an ounce of sense would do so, for not to do it would put him in jeopardy of losing his law license and a civil lawsuit from the accused.
#6 by BigD on 11/22/2011 - 8:23 AM
The Rules of Professional Responsibility and also some state statutes and caselaw require the prosecution to turn over to the defense any exculpatory evidence.
As long as prosecutors remember what their job is, they should have no problem turning over the evidence. Do i think it happens that a prosecutor would withhold the evidence? Only rarely, I would hope/guess.
#7 by MLaw on 11/22/2011 - 8:32 AM
They are legally and ethically obligated to turn over exculpatory evidence to the defendant’s attorney.
If they don’t they can lose their job and even their bar license to practice law, and be sued for damages like Mike Nifong in N. Carolina.
#8 by Gentle Giant on 11/22/2011 - 8:59 AM
A prosecutor is required, by law, to provide the defense with any exculpatory evidence it uncovers.
Too often prosecutors take the position that such evidence would not really make any difference to the defense case and try to conceal it. A number of prosecutors have been disbarred for doing that.
Think of that turkey in the Duke Rape case recently, Nifong..
#9 by information_police on 11/22/2011 - 9:39 AM
The prosecutor is required to share that information with the defense. If they don’t and it comes out later, they could be fined and disbarred.
Although some prosecutors may hide the evidence, anyway, in an effort to enhance their own reputation with a conviction, doing so would be really stupid as it would mean convicting and innocent person and letting the real culprit walk free.
#10 by Piscesian on 11/22/2011 - 9:53 AM
no lawyer would ever take the evidence which favors opposition and give it to opposition. if he did that may be he received a huge bribe from the oppostion. or may be he is another version of Gandhi.
#11 by mj69catz on 11/22/2011 - 10:38 AM
First, thers is a “what would they do” and “what should they do” – you said how would they behave. That depends on the prosecutor.
Technically, the Prosecuting Attorney has the responsibility to see that justice is done, not to win their case.
The whole situation here probably relies on the phrase “would assist the defense in proving the defendant innocent”. There is a difference between not guilty and innocent. If you can prove innocense, that indicates that there is knowledge that the defendant did not commit the crime. A prosecutor should drop the charge, knowing that the defendant did not commit the crime.
A good prosecutor, who is looking out for the “innocent” would drop the charges.
#12 by Storm Cloud on 11/22/2011 - 11:22 AM
The prosecutor should put the long term best interest of court and its juristiction first. The normal prosecutor works for payment.
#13 by Eric D on 11/22/2011 - 11:54 AM
Under the Rules of Professional Conduct, the Prosecutor must disclose the exculpatory evidence. I think 99.9% of the Prosecutors would turn the evidence over to the defendant; however, there are Prosecutors like Michael Nifong, Duke Lacrosse scandal, who did not.
A few bad apples give the honest prosecutors out there a bad name.