Misconduct In The Courtroom

Improved Essays
Misconduct in the courtroom, whether committed by the defense or the prosecution, not only defies the laws put forth by our Founding Fathers and violates God’s will, but it is also a direct violation of the public’s trust in the criminal justice system. The results can be devastating, and have far reaching effects inside and outside of the courtroom. Being truthful is covered extensively in the Bible, beginning with the Ten Commandments and in verses such as 2 Timothy 2:15 which discusses unashamedly presenting yourself to God by rightly handling the word of truth.
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
…show more content…
Maryland dealt with the prosecution withholding exculpatory evidence from the defense, Giglio v. United States (1972) deals with the prosecution withholding information from the jurors. According to Judge (2005), the case expands the sharing of exculpatory information with defense to include any promises the prosecution made to witnesses that might put their credibility into question. The case revolves around the testimony of one of the coconspirators in which both the witness and the prosecution indicated that no promises of a lenient sentence or non-indictment had been given. This was found to be false, and the coconspirator’s “credibility as a witness was therefore an important issue in the case, and evidence of any understanding or agreement as to a future prosecution would be relevant to his credibility and the jury was entitled to know of it” (Giglio v. United States, 1972). Based on these findings, the original conviction was reversed and Giglio was granted a new

Related Documents

  • Improved Essays

    In the case, Brady v. Maryland 373 U.S. 83, Certiorari was granted to a decision of the Court of Appeals of Maryland to consider whether petitioner was denied a federal right when the appeals court restricted its grant of a new murder trial to the question of punishment, leaving the determination of guilt undisturbed. The appeals court granted a retrial after holding that suppression of evidence by the state violated petitioner's rights under the Due Process Clause, U.S. Constitutional Amendment XIV (Law School Case Briefs, 2013). Furthermore, there was a judgement that had granted the petitioner a new murder trial that was solely based on the issue of his punishment. Since the petitioner was convicted of murder and then sentenced to death in his first trail with the Maryland Court, the petitioner was then informed that the Maryland Courts had withheld a statement that indicated that another individual had admitted that exact homicide. What the Supreme Court had concluded from this case was that, because of the suppression of the evidence was in favorable to an accused upon the request that violated the Due Process Clause required the court to a…

    • 739 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Idunny B Good Case

    • 657 Words
    • 3 Pages

    Taylore Pawlak Hearsay In the case presented to the grand judge, on the murders of Samuel Believme, Joey Dorks and Johnny Wittballs, I believe there are some pieces of evidence that should not have been allowed in court. However there are some that were correctly in admitted into the trial. In this case, Johnny B Good was convicted of murdering the three men listed above. There is a large amount of evidence involved that was correctly used and some that wasn't.…

    • 657 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    The rule in all civil actions the standard of proof required is always the balance of probabilities. However, some cases have created ambiguity by suggesting that where there is an element of criminal activity. This can require a higher quality of evidence to tip the balance. Despite authority that firmly rejects the notion of an intermediate standard, there is a body of case law that implies where criminal behaviour is averred the Standard of proof is of a different quality if it is to succeed. Judicial dicta contribute to this ambiguity creating the perception of an intermediate standard.…

    • 1066 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    “Trial Lawyers to Jurors’ Demands for Visual Evidence” states “Carney, a former prosecutor, noticed over a decade ago that juries weren’t grasping evidence in criminal cases and his office wasn’t…

    • 500 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    William Heffernan faced a few moral dilemmas when he was working as assistant to the District Attorney. One in particular was when he was faced with a moral challenge in the case of a defendant Heffernan presumed to be guilty, but had been denied a fair trial by jury. Heffernan was confronted with the decision of whether or not to challenge an appeal made by the defense so the defendant could have a fair trial by jury. But with a new trial, the defendant stood a chance of winning his trial since the previous witnesses were out of the country. Then a presumed murderer would be free on the streets.…

    • 650 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Dominic Argenti Development of Philosophy Prof. Urquidez Philosophy (Reading Assignment 1: Plato’s Euthyphro) Due: Thursday, September 10, 2015 • What does Socrates want from Euthyphro? That is, what does he expect to gain from their conversation? Briefly explain in your own words. (2-3 sentences)…

    • 440 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    He also argued that the state should foresee this man’s case and that the state should have the responsibility to assure that the perpetrator is no longer a danger to society. He demanded that the perpetrator get the protection of the laws and that he is released to the authorities. In conclusion, the criminals had no right to play judge, jury, and executioner and the perpetrator deserves a fair trial under the full extent of the law by the…

    • 718 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    My Cousin Vinny Analysis

    • 1043 Words
    • 5 Pages

    Koral Zazueta PSCI 231 Prompt 1 Court Proceedings in My Cousin Vinny The film My Cousin Vinny is a relatively accurate representation of criminal court proceedings. However, the jury selection process was not explicitly shown in the film. Furthermore, the film does not emphasize much of the pre-trial motions, the preponderance of evidence, or how the evidence was collected. The process of discovering relevant facts concerning the case was also deemphasized.…

    • 1043 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Jury Court Cases

    • 544 Words
    • 3 Pages

    On November 22, 2016, I sat in courtroom 507 of the Fresno County Superior Court, under the Honorable Judge Timothy Kams. Judge Kams was conducting a jury selection for a jury trial dealing with a felony DUI case. During the jury selection, I witnessed a Venire. A venire or jury pool, is a master list or jury list, from which a petit panel is selected, typically is based on names drawn from voter registration lists or lists of licensed drivers over eighteen years of age (Lippmann, 2014, p.518). I also witnessed a Voir Dire.…

    • 544 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    However, the jury is not a democracy. The jury reaches a verdict based only on evidence provided to them during the trial. Additionally, the trial aggravated a vast misunderstanding of the defense counsel’s role, a problem present before the case.…

    • 1614 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    IV. For Nullification Based on the tacit allowance of jury nullification that is present today, and the stated allowance of it in death penalty cases, jury nullification should be brought out of the darkness and instated as a right in trials. The benefits of jury nullification are clear, and include the fact that juries can respond to unanticipated circumstances in the moment that laws cannot and that they can look at exigent circumstances and choose to grant a defendant freedom when those circumstances are clear. There are three main ways that nullification should be made known and legal.…

    • 800 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Sacco And Vanzetti Essay

    • 2031 Words
    • 9 Pages

    Ben Pollizi Mrs. Kimmich English 10 Advanced 15 April 2017 Sacco and Vanzetti Shortly after World War 1, the United States was soon gripped with a massive fear of communists, foreigners, and anything that wasn’t American. This fear was taken out on anyone who was in America that wasn’t American. One key example of this was the lives of Sacco and Vanzetti. These two men moved to America before World War 1 had begun. Due to the fact that Sacco and Vanzetti were both Italian immigrants, and were convicted of their crime during a time of massive hatred toward foreigners, the justice system disregarded all the reasonable doubt in their case and declared them guilty.…

    • 2031 Words
    • 9 Pages
    Great Essays
  • Superior Essays

    For Gould this was the most surprising result of his research because he and his team expected strong prosecutorial cases to result in wrongful convictions since the evidence was compelling for the prosecutor to seek conviction but instead the study revealed the contrary. This led the team to look at weak defense counsel, poor explanation/presentation of forensic evidence, and police practices that could trigger the course of events spiraling out of control to a wrongful conviction because the weak prosecution case in turn is not adequately challenged by the defense attorney and the prosecution for one reason or the other may fail to disclose exculpatory evidence- a Brady violation (NIJ…

    • 2703 Words
    • 11 Pages
    Superior Essays
  • Improved Essays

    You have succinctly described the miscarriages of justice found in both scenarios. Taking on your Biblical Perspective, God loves justice and commands humanity to champion for it. As an officer of the court with broad discretion, the office of the prosecutor would forever be seen as unprofessional and criminal if one prosecutor destroyed evidence pointing towards guilt of a defendant. The prosecutor represents the people against those charged with violating laws therefore to also engage in the violation of public safety and laws would be contradictory to a prosecutor’s oath and ethics. This reasoning also follows through to the second scenario in which the defense attorney allows a client to be found guilty.…

    • 260 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Consider an individual is arrested for murdering his neighbor. The suspect goes to his attorney and confesses every detail of the crime. At trial, the defendant’s attorney is called to the witness stand to testify about the conversation between the attorney and the defendant. There is no doubt if this were to play out that the defendant would be convicted and spend a lifetime in prison.…

    • 847 Words
    • 4 Pages
    Improved Essays