The New York Times put out an editorial regarding what they call “rampant prosecutorial misconduct” which is occurring in both state and federal courts. They observe that prosecutor offices are often set up to disincentivize prosecutors from handing over exculpatory evidence. The piece cites an appellate judge stating, “only judges can stop” Brady violations. But prosecutors office’s, elected positions, can be also held to account by the community to which they serve. The more impacted communities understand the power they wield, the more courts and their institutions can be held to higher standards of fairness and justice.
Rampant Prosecutorial Misconduct — By THE EDITORIAL BOARD In the justice system, prosecutors have the power to decide what criminal charges to bring, and since 97 percent of cases are resolved without a trial, those decisions are almost always the most important factor in the outcome. That is why it is so important for prosecutors to play fair, not just to win. This obligation is embodied in the Supreme Court’s 1963 holding in Brady v. Maryland, which required prosecutors to provide the defense with any exculpatory evidence that could materially affect a verdict or sentence. read more >>>