Practical Ethics for the Professional Prosecutor

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Title

Practical Ethics for the Professional Prosecutor

Description

In Brady v. Maryland, the United States Supreme Court held that the prosecution’s withholding of material exculpatory evidence violated the defendant’s due process rights regardless of the absence of bad faith. The implications of this duty can be seen in the case of John Thompson, a man who was convicted of murder in Louisiana in 1985 after the prosecution failed to turn over exculpatory evidence. Thompson was able to get his conviction reversed and subsequently sued the district attorney’s office. This Article analyzes Brady and the decisions that followed it to outline the obligations of prosecutors who are in possession of Brady evidence. This Article then suggests several steps that district attorneys’ offices can take to ensure that employees are properly trained and that Brady evidence is disclosed when required by law.

Creator

Enrico B. Valdez

Publisher

St. Mary's Journal on Legal Malpractice and Ethics, St. Mary's University School of Law

Date

2011

Contributor

St. Mary's University School of Law

Rights

Copyright to author Enrico B. Valdez

Relation

St. Mary's Journal on Legal Malpractice and Ethics

Format

RFC3778

Language

English, en-US

Type

Text

Identifier

STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0250_Valdez_Step12.pdf

Files

STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0250_Valdez_Step12.pdf

Citation

Enrico B. Valdez, “Practical Ethics for the Professional Prosecutor ,” St. Mary's Law Digital Repository, accessed December 14, 2017, http://lawspace.stmarytx.edu/item/STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0250_Valdez_Step12.pdf.

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