Assume that you were a member of a prosecution team that successfully convicted a man of premeditated murder 10 years ago. A new defense attorney for the convicted individual uncovers a witness statement in a case file that suggests that someone else, other than his client, might have committed the killings. The statement was accidentally filed in the case file of another felon with the same last
name. An angry member of the victim's family just barged into your office, after hearing about the new statement. What would you say?
What will be an ideal response?
The Brady Rule provides that the suppression by the prosecution of evidence favorable to an accused, upon request, violates due process, where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. This means that even if the prosecution failed to provide a statement to the defense through negligence, a convicted killer may have his or her conviction overturned. The student would need to explain this rule to the family member demanding answers in the scenario. The student should realize that, even though the misfiling was accidental, the court may require a retrial. Students should also explain to the victim's family member that all of the other evidence presented at the first trial would still be admissible in any retrial.
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A) ?Delinquents are detached loners whose bond to friends has been broken. B) ?Delinquents have the same friendship patterns as conventional youth. C) ?There is a definitive reason why a person's social bond is weakened. D) ?Only females who are detached from their parents are at risk for gang involvement. E) ?Weak neighborhoods produce weak adolescents.