Friday, June 22, 2018

ABA Journal and New York Times articles on prosecutorial misconduct

Long time readers of this blog know that I have posted many comments on prosecutorial misconduct, including on the fact that there is little accountability for it (most recently here).  For all my posts on prosecutors' ethics go here and scroll down.

Thus, two articles caught my eye recently.  One is an op-ed piece published a couple of days ago in the New York Times, lamenting on the lack of accountability of prosecutors.

The other is an article in the May issue of the ABA Journal reporting that New York is considering changing the current rule that allows a prosecutor to wait until the eve of a trial to disclose exculpatory evidence.

As described in the article, New York’s current laws allow prosecutors to withhold key evidence, including witness names, police paperwork and prior statements by witnesses, until immediately before the prosecutor delivers an opening statement, which puts defense counsel at a disadvantage when preparing for trials.

I must confess I had never heard of that (which the article states is also the case in three other states), but from what I read in the article,  I agree the law puts defense counsel at a disadvantage and should be changed.

You should take a look at the article, which is very short, here.

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