Wednesday, May 01, 2013
Texas Prosecutor to Face Criminal Charges Over Convicting an Innocent Man
Research suggests that misconduct by prosecutors is rampant, and conviction of innocent people is much too frequent. However, little is ever done. this TX D.A. will face criminal charges. Let's hope this is the start of a trend.
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Clearly, this court action is a necessary no-brainer. Also clear, however, is the current atmosphere in criminal justice where winning is everything. It's strange that we have the expectation that prosecutors are exemplars of truth, justice and the American way, while defense attorneys go about their business while seemingly unencumbered by such moral requirements. It's as if defense has no responsibility on the prosecution side of the aisle while prosecution has responsibility on both sides.
ReplyDeleteRidge: Thanks for the comments. The prosecutor is an agent of government and is thus bound by the Bill of Rights. Defense attorneys have no such obligations. The government is not protected by the Bill of Rights, thus public defenders have no such obligations. For instance, due process requires that the prosecution (the government) reveal all exculpatory evidence (Brady material) to the defense. However, defense attorneys, incl. public defenders have no constitutional obligation to reveal inculpatory/incriminating evidence to the government. However defense attorneys are not "unencumbered" by ethical requirements. All attorneys are covered by codes of ethics, which would cover all types of defense attorneys. Legal ethics recognize that the obligation of the defense attorney is to obtain the best possible outcome for the client--within the law and ethical rules. A defense attorney is obligated to provide the best possible defense within the rules even if the client has admitted guilt to the attorney. This makes sense to me and is established law and legal ethics. America has an adversary system of criminal justice. The Founding Fathers felt this system was the best way to protect individuals against government misconduct, over-reaching and corruption.
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