Saturday, April 27, 2019
Phase 1 Individual Project Essay Example | Topics and Well Written Essays - 750 words
Phase 1 Individual Project - Essay ExampleOn further appeal, the get together farmings Supreme Court held the decision of the court of appeal and observed that an exculpatory evidence interrupts the due wreak of the law where the evidence in question stooge provide substantial ground to rule on the criminality or punishment of an offender (Batten, 2011). From this case, exculpatory evidence is evidence that can prove the whiteness of a defendant. This evidence can include physical evidences that challenge the prosecution witnesses or statement of witnesses that can prove the innocence or affect the punishment of the defendant.They can include evidence that gives the prosecution an luck to challenge the credibility of a prosecution witness such as an act of dishonesty by a witness in matters pertaining to the administration of justice in the particular case. From the case, it is evident that the prosecution has a duty to disclose all evidence it has in its possession to the defe ndant and it has no obligation to calculate for exculpatory evidence. The United States Supreme concurs with this statement and argues that by following this process, the prosecutor follows the constitution and fulfills his/her duties of seeking justice.However, jurist Harlan gave a dissenting opinion arguing that the due process of administration of justice should follow into the guilt phase because it was the responsibility of the jury to decide whether the defendant is guilty and administer punishment in the State of Maryland on fucks pertaining to first degree murder.The rationale of the decision by the supreme court concerning this issue was on the fact that it is un fine to mistreat the accused in the promise of administering justice and this is for the benefit of the society, and hence it is unacceptable for a prosecutor to act as an architect of a proceeding that fails to uphold fair administration of justice (Cushman, 1994). In the case of
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.