Prosecutorial Ethics and the Right to a Fair Trial: The Role of the Brady Rule (Session 1)
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- čas přidán 18. 10. 2009
- January 26, 2007
Presented by: Case Western Reserve Law Review
Speakers:
Professor Lewis R. Katz, John C. Hutchins Professor; Director of the Master of Laws in U.S. and Global Legal Studies Program
Professor Kevin C. McMunigal, Judge Ben C. Green Professor, Case School of Law
Professor John G. Douglass, Professor of Law, University of Richmond School of Law
Scott Roger Hurley, Public Defender, Cuyahoga County Public Defender Office
Summary: Law Review Symposium: Brady v. Maryland and Panel One: Brady and Plea Negotiations
In Brady v. Maryland (1963), the United States Supreme Court held that a defendant's due process rights preclude a prosecutor from suppressing material evidence favorable to the defendant. Since the Court's ruling, the Brady rule has shaped the boundaries of a defendant's right to a fair trial and defined the standards of justice in the criminal system. The Case Western Reserve Law Review Symposium will explore the role of the Brady rule in various elements of a criminal case, including plea negotiations, scientific evidence and capital sentencing. Participants will also discuss the Brady rule's impact on prosecutorial ethics in the current justice system. Please join us as many of the country's leading experts examine the issues that are critical for maintaining each citizen's right to a fair and just trial.
the justice system is entirely reliant upon NOT convicting the innocent. It happens EVERY day with the use of plea bargain bullying because prosecutors and law enforcement never have to verify/prove their allegations nor answer to their actions.
Good piece 👍
Pleas bargain? I not ever realized how it truly works till now. It is a fast way to get one that is possibly in jail some out but nevertheless there is so much fear so much worry. That person is presented with a plea. I agree it is a definite conviction without the person knowing any evidence against them.
What about if a hired Attorney lies to defendant and family on the defendant signing a plea agreement saying they will get probation but still have a felony but won’t see prison. Turns out that was not the outcome. I am smart enough to know it’s wrong in every way. The Attorney knew also but lied to get that conviction because of personal reasons not just reasons.
How bad do you believe that is right in any way? I can not understand lying or if Attorney was confused and didn’t know the plea would be differently ( how can he not know) but yet he allows this to happen to his defendant. When he should of ask for a continuance in that case. It was set up or just lying. This Attorney said well they went by point system. He should of known that. Then to find out the defendant had 3 charges on his score sheet that wasn’t his! It was his late fathers points on his sheet. The Attorney not once saw the 3 charges on defendant’s score sheet when it was very clear by dates. 3 arrests when the defendant was only 10 to 12 years old on 2 DUI’s!! Impossible! Another was something different but was t that defendant it was again his fathers, stated so by dates. So what about that kind of behavior of total Negligence to the defendant!!! It’s unfair!! So wrong! The defendant was traumatized on being told a lie on sentencing day.
FRCP: R -16, R -11
The plea bargain is the biggest scam of the criminal justice system. It allows innocent people to be railed by the prosecutors, criminal defense attorneys & law enforcement officers that are not doing there job properly whether by accident or on purpose. Change is needed expeditiously!
Here is a class that the Jerseyville Cartel either missed entirely or just does not care about.
One example is the case where my employee was arrested for refusing to leave work and a further trumped-up charge of canning was added, but no evidence was retained.
Other examples include when police set up 2 more false arrests where police sent people into a bar to physically unplug a clock to cause the bar to stay open too long and sent in someone to refuse to leave at closing time.
The local DA and Judge went along with all of these cases and refused to correct the injustices.
The Jerseyville Cartel has no ethics and prosecutorial misconduct is the NORM.
I was a pro se attorney for myself representing myself on stalking charge when I first done this was looking at 10 years I was unsure of myself and that the judge is urging public defender was assigned I never hear from either one of them they both never tell me that my case was dead. Only 4 days after the judge had me sign up with the public defenders office a few months later and where the statue of limitations knowing that I was innocent knowing I could prove it I asked for my case to be put back on the docket anyway at first the judge wouldn't do it so I put her face and image on Facebook and also recording of her assistant saying I couldn't have it done so she put me on calendar call saying I was the first person to ever want his charges reinstated come to find out they wasn't going to do nothing to the other side that lied on me that cost me to do for months in jail that got me banished all this was done because of estate issue they was going to do nothing to the cops in the people that committed perjury I chickened out but in doing so a whole lot of people will be getting away with a lot of things anything I can do about it
Wonderful presentation. Brain Food ...
Conflict Panel Attorney's should be held to the standards of a Government Attorney , their employer .
I wish some of these personalities in the law industry would be willing to take a look into a case taking place at the Montgomery county jail Ohio, (Genesis Rivera vs State of Ohio)
My Witness were not contacted by Kelvin Little, EEOC Investigator Daniel Nance, Amanda Costello, Judge Brill etc.
Just in time for Maxwell Trial. I wish your team could of been part of the appellate for the Chauvin trial. The prosecutorial misconduct has been increasing daily and the people don't seem to notice.
All the brilliant stuff begins at 1:11:11.
I agree - his talk is very compelling (his passion re the topic is great)
Crimes Major Crimes💯
The car accident case (in Idaho) broke my heart as with an accident that traumatic it’s very possible that the man who pled guilty (b/c of the mj he had smoked) very likely didn’t remember that his tire blew out because of the very predictable trauma of the accident. I am not surprised but appalled that the accident “reconstruction” by the police and prosecution didn’t point out the obvious issue of a blown left front tire causing that swerve.
Very sad. Mj is legal in todays world in some states. Mj makes one more aware because it is relaxing. So one would be more aware than one using alcohol
The power given to govt do not include special skill to determine innocence
What? The point of Brady is that b/c the prosecution BY DEFINITION has the full investigative power of the state (or in the case of the feds the federal gov) behind it while the defense by definition does not that ANY potentially exculpatory material uncovered during an investigation etc (such as info re a viable alternative suspect) must be disclosed to the defense. It is absolutely crucial to the constitutional right to a fair trial as hiding or just failing to disclose such information critically undermines the integrity of the state’s case against a particular defendant.
Good video but it fails to express the truth of why plea deals are successful. I for one have first-hand knowledge of the threats, misinformation, and coercion that goes with manipulating a person into accepting a plea deal. The truth of the matter is our judicial system is a huge money making corporation designed in a fraudulently functioning non-constitutionally guided system in which it continuously stomps on people's rights while depriving society of true Justice. Our criminal charges are not held in a article 3 Court but rather a contractual generated civil proceeding in a colorful jurisdiction of admiralty maritime. They always say if you want to know the truth follow the money and in our judicial system there is a lot of money to be made. There is so much more to be said but this is already getting lengthy. Until people are willing to expose the truth of the criminal nature of our judicial system it will continue to fail. If anybody is interested or like to know more please comment. Thank you.
Very good lecture
I’m at 28:31, and the jury is in: Prosecutors are evil.
I strongly resonate with this video.
Answer to 1:18:00-1:24:00
With respect NO it hasn't.
Love your passion though. We need more attorneys like you.
“Relationships with prosecutors” is never good to hear from a defense attorney.
I was convicted for knowingly standard on a law that requires intentionally
but there was direct evidence to show I was tricked and the circumctantial evidence was created from brady violations, that show I actually didn't know
my lawyer said it didn't count cause the police did it, without ever checking to see who did it
i was told by interal affairs that a judges can not be remove and one was racism
Who is Miller? So hard to listen to. I was accused of being in Prison. I never was. I'm not able to get any clairity. I went to court for my divorce in Florida in 2006/Final 2007. That was the only time.
The lady at the beginning was very nervous lol. Was it obvious to anyone else?
Yes, I suspect she was a law student at the time - I was a college professor and saw so many very nervous grad students introduce speakers it was insane.