Description
Class readings:
https://www.dropbox.com/sh/s7rcjz1xfv027oa/AABcdmdn0oLRqaz_fqmLl_80a/Class%206/Class%206%20Part%203%20-%20Disclosure-Closing%20Argument.pdf?dl=0
The Prosecution
This session examines the discretion of the prosecutor in the criminal justice system. We examine the power of prosecutors in plea bargaining, and, in particular, in deciding whether to seek the death penalty or resolve a case with a plea bargain, as well as the prosecutor’s power to obtain evidence and information by agreeing to dismiss charges or grant other favors to people with criminal charges. Prosecutors also have a duty to disclose exculpatory evidence to the defense and a limited responsibility to preserve evidence. Prof. Bright discusses with John Thompson his experience in spending 17 years on death row in Louisiana after evidence that would have proved his innocence was withheld by prosecutors. Thompson won a 14 million dollar verdict in Connick v. Thompson, but the Supreme Court overturned it. His case shows what happens when disclosure obligations are violated, and raises questions about the effectiveness of requiring prosecutors to disclose exculpatory evidence and the accountability of prosecutors who fail to do so.
Disclosure (s6c)
This segment examines the duty of prosecutors to disclose evidence tending to show the innocence of the accused.
Comments, questions and answers