The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment. In the 1963 ruling in Brady v. Maryland, the United States Supreme Court ruled that any government state or federal has the duty to disclose to a defendant and his counsel any exculpatory information or evidence in its possession. If the …show more content…
What Brady v. Maryland inspires is a duty upon prosecutors to search all the government files for “Brady” material. If it the any material consistent with the “Brady” ruling exists, it must be voluntarily disclosed by government counsel. However the issue that both prosecutors and defense lawyers have in reference to Brady v. Maryland ruling is it difficult for a prosecutor to decided whether certain evidence is exculpatory to a defendant. Unless a prosecutor can predict with a magic eight ball and wand exactly what a defendant’s defense will be during trial, they may not recognize an exculpatory significance of paperwork or evidence that the government is in possession
McCulloch vs Maryland Summary In case of McCulloch vs Maryland is a landmark case that questioned the extent of federal government 's separation of power from state government. A problem arose when the Second Bank of America was established. With the War of 1812 and it’s financial suffering in the past, the government sought to create a bank with the purpose of securing the ability to fund future wars and financial endeavors. Many states were disappointed with this new organization, one of them being Maryland.
Muculloch V Maryland was a significant court decision because it established a new principle. The Landmark court decision had shown the importance of the Supreme court and how the Supreme court choose to interpret an existing law. The Bank during the time period is depository of federal funds. States saw the bank as having a privileged position in which they were having resentment. When State banks began to fall into the depression in 1818 they decided to blame the troubles they were having on the bank.
The case United States v. Lawson, 2009 WL 1916063 (Ky. 2009) deals extensively with FRE Rule 404(b). In the case four different items of evidence are viewed for admissibility under Rule 404. The case focuses on three co-defendants who are charged with five counts of bribery conspiracy and three counts of conspiracy on construction or repair of state roads and highways. The motion viewed focuses on Nighbert, a co-defendant, and his objections to admitting certain evidence against him under Rule 404(b). The four items are: an FBI report of an alleged conversation Nighbert had with the mayor regarding his son, failed disclosure on financial forms of his ownership of a company, an FBI interview concerning Kentucky road contracts and Nighbert, and a newspaper article regarding the defendant’s property and nearby construction.
James McCulloch v. State of Maryland 17 U.S. 316 Supreme Court of the United States Certiorari to the Maryland Court of Appeals Decided March 6, 1819 Facts and Procedural History: The facts of the case are as followed: The second bank of the United States was chartered by Congress in the year 1816, but because of that, two states prohibited the bank from operating inside of their boarders. Now that the state of Maryland made it known that it did not want that National Bank, in 1818, the Maryland legislature made a tax on loan operation of Baltimore Branch on the second bank of the U.S.
McCulloch v Maryland Facts of the Case In 1819 the United States had a federal bank, the Bank of the United States. The state of Maryland taxed every person that did business with banks out of the state. Also they decided to tax the federal bank to impede their operation. They prohibited the issuing of all bank notes except the ones issued by the state. There were fees and penalties established if this regulation was violated.
Case Summary Part 1 The prosecution is legally bound to disclose to the defense evidence that is favorable to the defendant. Three examples of the prosecutor’s obligations to disclose evidence are Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and United States v. Agurs, 427 U.S. 97 (1976). According to Rule 3.8, “the prosecutor must make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by
1. Write a brief summary (one paragraph each of 3-5 sentences) of the New Jersey v. T.L.O. and Vernonia v. Acton cases. In the New Jersey v. T.L.O. the Supreme Court ruled in favor of the school district, after they found a 14 year old girl smoking in the bathroom. And got her consent to search her bag. In which they found different types of drugs as well as she had intended to sell.
Muller v. Oregon, 208 U.S. 412 (1908), is listed is a landmark decision made in the United States Supreme Court history. This law justifies both sex discrimination and labor laws that were made during that time period. Without theses laws we probably wouldnt have gotten to the point we are at today with labor laws. This ruling set the foundation for the laws we have today on how many hours we can work a day as well as how many hours we can work without break. The case upheld an Oregon law that bared women from working more than 10 hours a day in industrialized jobs.
Does the ruling in Betts v. Brady deprive defendants
In this episode of “Criminal Injustice,” with David A. Harris, Harris and guest Beth Schwartzapfel, who is the author of two articles on this set of problems and is a staff writer on the Marshall Project, talk about the Brady v. Maryland rule as well as how this rule is violated daily to the point where it negatively impacts the whole system and why it is long overdue for change on this issue. Back in 1963, the Supreme court decided the case of Brady v. Maryland. In this case, the government withheld crucial evidence from the defense. The supreme court said that if the prosecution has material evidence in its possession that would exonerate or even lessen the punishment the defendant then the prosecution would have disclosed that evidence.
In the case of Booth versus the state of Maryland, John Booth was convicted of murdering an elderly couple. In 1983 Booth and an accomplice brutally murdered an elderly couple, Ira and Rose Bronstein, in their home. Booth was subsequently apprehended, charged, and convicted by a jury of two counts of first degree murder. The State requested the death penalty. He chose to have the jury determine his sentence instead of the judge.
Tilley v. United States, 270 F. Supp. 2d 731, 734-35 (M.D.N.C. 2003). “In deciding whether to stay discovery pending resolution of a pending motion, the Court inevitably must balance the harm produced by a delay in discovery against the possibility that the motion will be granted and entirely eliminate the need for such discovery.” Simpson v. Specialty Retail Concepts, Inc., 121 F.R.D. 261, 263 (M.D.N.C. 1988). The Court may “peek” at the merits of the
Adam Cohen presents a very interesting topic to not only fellow historian, but to as well the average citizen. In his book he talks about the Supreme Court case Buck v. Bell. Cohen is trying to inform the reader just how cruel and inhumane the United Sates was at one point. The Supreme Court case of Buck v. Bell was an argument of wither or not the United stated should practice sterilization of young women. He does a great job going through details as to why the United States did this.
Back in 1975, there was a major case called, Payton V. New York. Theodore Payton was suspected of murdering a gas station manager, they found evidence within his home that connected him with the crime. What caused the problem was the fact New York had a law that allowed unwarranted searches if the person was a suspect. Based off the oral argument presented by Oyez, the police said it didn't count as the evidence because it was in public view when entering the home. It had to be appealed before it was determined as unconstitutional.
With any agency or department under the criminal justice umbrella, it is vital that the vision and overall goals of their existence are to be responsible for supporting the will of the majority and protecting the privileges of all people. These principles are outlined in the Preamble of the U.S. Constitution which directs individuals who are associated with the criminal justice system shall “ensure justice” and advocate “domestic tranquility” (Cronkhite, 2013, p.297). Agency employees that work in the criminal justice system must follow concepts that exercise discretion, which are the decisions that can deny a citizen their life, liberty or property. These employees will enforce the law and preserve the constitutional rights of the public such