Prosecutors Duties Term Paper

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Prosecutors' Duties

Prosecutors are governed by a set of stringent ethical and legal rules meant to reinforce their justice-seeking duty, in addition to helping them fulfill their roles as advocates (Kurcias, 2000). One of these is the Brady Rule, which requires the disclosure, by the prosecutor, to the defense, of all materially exculpatory (Brady) evidence in the possession of the state (Kurcias, 2000). Brady evidence refers to any material that would either go towards negating the guilt of the defendant and thereby reducing his potential sentence, or towards a witness' credibility. In a jury trial, the prosecutor is required to "disclose such evidence to the grand jury before seeking an indictment against" the defendant (Sands et al., n.d., p. 12).

The prosecutor's failure to disclose such material could lead to the automatic suppression of evidence, especially if prejudice has ensued as a result (Kurcias, 2000). In such a case, suppression will occur whether or not the prosecution i) was aware that the evidence was in its possession or ii) acted in good faith (Kurcias, 2000).

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This is because such an action violates the rights of a defendant "under the Due Process clause of the Fourteenth Amendment" (Kurcias, 2000, p. 1214). The defendant only has to prove the materiality of the undisclosed (Kurcias, 2000).

The failure to disclose exculpatory evidence amounts to prosecutorial misconduct. Other significant forms of prosecutorial misconduct during a criminal prosecution include; subpoenas to the defense counsel, pre-indictment contact with represented witnesses, and miscellaneous prosecutorial misconduct within the jury (Sands et al., n.d.). Prosecutorial misconduct could have serious consequences. A good example is the case of the United States vs. Ramming, 915F Supp.854 (S.D. Texas 1996), where "the District Court granted the defendant's motion to dismiss on grounds of prosecutorial misconduct," after it was revealed that the prosecutor had withheld hearsay evidence favorable to the defendant (Sands et al., n.d.).

The Brady Rule is aimed at protecting a defendant's constitutional right to fair trial. In a jury trial, the selection of a fair and impartial jury, and the observance….....

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