Access over 20 million homework & study documents

search

Week 9 discussion 1

Content type
User Generated
Rating
Showing Page:
1/3
Running head: DUTY TO DISCLOSE
Duty to Disclose
Name
Instructor

Sign up to view the full document!

lock_open Sign Up
Showing Page:
2/3
DUTY TO DISCLOSE 1
Duty to Disclose
According to my rational, it is necessary to disclose the material evidence so as to place
the defence side in a position that they will make use of the information to conclude on the
issue being discussed. Whenever the prosecutor holds back the evidence, the whole process is
violated irrespective of the good or bad faith they may be holding. This view however, exempts
the case if the defendant themselves discover the information on their own. According to
Sundby, (2001), the Brady rule can only be violated under the following circumstances; if the
information was to be used to punish the witness. Secondly, if in any case the information was
in a position to be admissible and thirdly, if the evidence that was not submitted could have led
to discovering other beneficial information.
In the case of United States v. Agurs where the respondent was charged to have killed
Sewell with a knife was treated in a very unbelievable manner. They went into a new trial and
established that Sewell had a criminal record of carrying two knives. The way in which the
prosecutor acted in defence is that he failed to give out the information. The motion was denied
as Sewell criminal evidence was not really that material. Later the court of appeal proved that
Sewell record was material. Hence, the case was treated in a way that the prosecutor had not
violated the constitutional duty by Baldus et al; (1990). Secondly, the prosecutor right to give
out the information was not to be measured according to his moral capability.
On the other hand, the undisclosed evidence did not provide any reasonable information
that would prove the defendant is guilty. Lastly, the constitution does not allow discovering
any information that may lead to an influence to the jury. Failure to submit the necessary
information, made the respondent not to have a fair trial. On the other hand, it raises an alarm
of whether failure to submit the information having the evidence calls for judgement. At the
end, the court seems to have misinterpreted the requirements as per the constitution.

Sign up to view the full document!

lock_open Sign Up
Showing Page:
3/3

Sign up to view the full document!

lock_open Sign Up
Unformatted Attachment Preview
Running head: DUTY TO DISCLOSE Duty to Disclose Name Instructor DUTY TO DISCLOSE 1 Duty to Disclose According to my rational, it is necessary to disclose the material evidence so as to place the defence side in a position that they will make use of the information to conclude on the issue being discussed. Whenever the prosecutor holds back the evidence, the whole process is violated irrespective of the good or bad faith they may be holding. This view however, exempts the case if the defendant themselves discover the information on their own. According to Sundby, (2001), the Brady rule can only be violated under the following circumstances; if the information was to be used to punish the witness. Secondly, if in any case the information was in a position to be admissible and thirdly, if the evidence that was not submitted could have led to discovering other beneficial information. In ...
Purchase document to see full attachment
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Anonymous
Really great stuff, couldn't ask for more.

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4