Would it be acceptable for a prosecutor to destroy evidence of a defendant’s guilt?
It is unethical and immoral for a prosecutor to destroy evidence of a defendant’s guilt (Rohan, 2017). A prosecutor must be fair at all times even if he knows that the defendant is guilt of the charges. During the Brady vs Maryland case (1963) the Supreme Court determined that destroying or suppressing evidence of a defendant’s guilt is a direct violation of the due process (Rohan, 2017).Today, this evidence is commonly known within the criminal justice system as the “Brady Material”. Basically, it comprises any material which is relevant to the case, whether in favor of or against the defendant. If the court discovers that the prosecutor committed a Brady violation after the case has been closed, a new trial must be initiated. But, the new trial will only be held given that the destroyed evidence was relevant or material to the case.
Legal and moral perspective whether it might be acceptable for a defense attorney to let his/her client be found guilty
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Defense attorneys are legally and ethically responsible to zealously represent all clients (Carmen, 2013). These include those whom they believe are guilty and those whom they believe are innocent. Accused individuals have a right to a vigorous defense to not only represent them but also ensure that the court (not the police) have the final power in deciding who is guilty and who is innocent (Carmen, 2013). Defense attorneys almost never know if the accused is factually innocent or guilty. They do not ask the defendant if he committed the crime. On the contrary, the attorney presents facts to the court and leaves the judges to decide the question of guilt or innocent.
Impacts of the decisions described above on the public’s trust in the criminal justice system
Prosecutors and defense attorneys wield more power compared to other actors within the criminal justice system (Carmen, 2013). They hold the unchecked power to dismiss charges or to proceed with a case, to recommend a severe sentence or a lenient sentence or to enter into a deal with an accused for a guilty plea or not. This unreviewable power often heightens the risk of prosecutors and defense attorneys engaging in unethical conduct like destroying evidence of a defendant’s guilt. Such misconduct is likely to weaken public’s trust and perception of the integrity of the criminal justice system not to mention undermining the ability of the court to obtain justice (Carmen, 2013).
References
Carmen, R. (2013). Criminal Procedure: Law and Practice .Upper Saddle River, NJ:Cengage Learning
Rohan, C. M. (January 01, 2017). Ethical Standards in the Practice of International Criminal Law. Defense Perspectives on International Criminal Justice, 41-74.
