Saturday, October 5, 2019

Phase 1 Individual Project Essay Example | Topics and Well Written Essays - 750 words

Phase 1 Individual Project - Essay Example On further appeal, the United States Supreme Court held the decision of the court of appeal and observed that an exculpatory evidence interrupts the due process of the law where the evidence in question can provide substantial ground to rule on the guilt or punishment of an offender (Batten, 2011). From this case, exculpatory evidence is evidence that can prove the innocence of a defendant. This evidence can include physical evidences that challenge the prosecution witnesses or statement of witnesses that can prove the innocence or affect the punishment of the defendant. They can include evidence that gives the prosecution an opportunity to challenge the credibility of a prosecution witness such as an act of dishonesty by a witness in matters pertaining to the administration of justice in the particular case. From the case, it is evident that the prosecution has a duty to disclose all evidence it has in its possession to the defendant and it has no obligation to search for exculpatory evidence. The United States Supreme concurs with this statement and argues that by following this process, the prosecutor follows the constitution and fulfills his/her duties of seeking justice. However, Justice Harlan gave a dissenting opinion arguing that the due process of administration of justice should follow into the guilt phase because it was the responsibility of the jury to decide whether the defendant is guilty and administer punishment in the State of Maryland on issues pertaining to first degree murder. The rationale of the decision by the supreme court concerning this issue was on the fact that it is unfair to mistreat the accused in the promise of administering justice and this is for the benefit of the society, and therefore it is unacceptable for a prosecutor to act as an architect of a proceeding that fails to uphold fair administration of justice (Cushman, 1994). In the case of

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.