Criminal Justice System And The Rights Of The Courtroom Essay
When a prosecutor hides or destroys evidence, not only are they infringing on the constitutional rights of due process and those provided to the victim, but they are also violating God’s commands. While it is fair to prosecute with urgency and firmness, it is as much the prosecution’s duty to refrain from using “improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one” (Berger v. United States, 1935). This paper will look at what evidence the prosecution must disclose to the defense and the jury as clarified in a series of United States Supreme Court case decisions, including Brady v. Maryland (1963), Giglio v. United States (1972), and United States v. Agurs (1976).
Brady v. Maryland
Hiding or destroying exculpatory evidence by the prosecution not only infringes on the due process rights of an individual as set forth by the Fourteenth Amendment…