Frequently we challenge the integrity of the Judiciary and I am doing it again. A hot topic in criminal law is the production of what is known as Brady Material which is evidence that tends to indicate innocence or mitigate punishment. Over the past two decades more and more prosecutors have been withholding this evidence from the defense which is a violation of Brady v. Maryland. In many of these cases, the defense discovers this violation and brings it to the attention of the court. Unfortunately, many judges are just prosecutors in a black robe and they refuse to take any action against the prosecution for these violations. Unfortunately I have witnessed this many times. Now a study conducted by National Association of Criminal Defense Lawyers and the Santa Clara University Law School examined cases of criminal prosecutors withholding information helpful to the defense. The study showed just as we suspected. In most cases the Judges whos job is to insure a fair trial refused to take any corrective action. For the past few years across the country prosecutors are being reprimanded for their actions in not disclosing this evidence. Now Judges are becoming exposed for their refusal to do the jobs they were elected/appointed to do. Proving that many Judges are biased in favor of the prosecution and are nothing more than prosecutors in black robes. When an accused person is tried before one of these judges, there is nothing fair about the trial.
Posted on: Fri, 21 Nov 2014 20:07:39 +0000
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