Why do we hold prosecutors and law enforcement officers to high ethical standards in treating defendants fairly?
Do you think a prosecutor who withholds exculpatory information from the defense in order to ensure a conviction in the short-term risks letting a potentially guilty man ultimately go free when that conviction is overturned for prosecutorial misconduct? Which do you think is a better outcome – following the law and securing a conviction giving the defendant every opportunity to defend himself fully or ignoring some of the defendant's rights to secure a sure conviction regardless of what might happen on appeal?
What will be an ideal response?
ANSWER: Answers may vary: As discussed throughout this text, the balance of power in criminal prosecutions is tipped in favor of the government. When the government withholds information that could potentially benefit the defense be cause they think such information is unimportant or may not have the impact the defendant hopes, the prosecution robs the defendant of his right to a fair trial. As recent cases indicate where innocent people were wrongfully convicted and eventually exonerated, over 120 as of 2007, prosecutorial misconduct in withholding evidence has played a large role in sending innocent people to jail. It is best for the administration of justice, even if the short-term gain is a secure and easy conviction, to turn over all information in the state's possession to the defense to give him the tools of a complete defense.
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