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Thread: Man cleared of NYC murder after 25 years in prison

  1. #41
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    Re: Man cleared of NYC murder after 25 years in prison

    Quote Originally Posted by Paschendale View Post
    That's really a consequence of our adversarial system. Unless we want to junk it entirely, a prosecutor must try to the best of their ability to prove their case.



    So? We can still make it less flawed.



    Can you really blame someone for trying to keep their job? What we need is for the public to realize that convicting more people doesn't mean we got the right ones.



    Agreed. The less we need to rely on individual police discretion the better. We need to do away with all these warrantless searches and make police interaction as uniform and transparent as possible.


    The prosecutors apparently didn't do their job. They're legally required to turn over any possibly exculpatory evidence to the defense and they failed to do so.
    He was released based on the, now acknowledged, existence of that evidence.
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    Re: Man cleared of NYC murder after 25 years in prison

    Quote Originally Posted by Paschendale View Post
    That's pretty much what we do now. It's a little more complicated than that, but that's generally what we strive for. The only caveat is that a side shouldn't have to sabotage themselves. Should a defense attorney have to tell the prosecution the flaw in their alibi? Should either side of a civil case have to turn over information that can be used to attack the credibility of their witnesses? I think it's unreasonable to expect prosecutors to adhere to such a different standard than everyone else.
    My understanding is that prosecutors are required to reveal all evidence, even if it may hurt their case. Prosecutors generally have access to more resources for gathering evidence, or they are likely to have more evidence than the defense team. That is why the law should require that prosecutors reveal all of their info and why it should be strongly enforced. (with no statute of limitations when it is intentional in my opinion )Many of the recent exonerations indicate that prosecutors are wrongfully withholding evidence, even when it strongly suggests that the defendant is not guilty.

  3. #43
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    Re: Man cleared of NYC murder after 25 years in prison

    Quote Originally Posted by Hard Truth View Post
    My understanding is that prosecutors are required to reveal all evidence, even if it may hurt their case. Prosecutors generally have access to more resources for gathering evidence, or they are likely to have more evidence than the defense team. That is why the law should require that prosecutors reveal all of their info and why it should be strongly enforced. (with no statute of limitations when it is intentional in my opinion )Many of the recent exonerations indicate that prosecutors are wrongfully withholding evidence, even when it strongly suggests that the defendant is not guilty.
    Technically, legally, yes they are required to do so. Quite often they do. Quite often they don't... and in the instances where they do get called on it their (lack of) actions are almost always upheld by the courts. Reviews such as this are, in reality, more rubber-stamp type affairs similar to appellate courts.

    In light of this reality, I agree that they should be required to share all evidence.
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