Friday, March 25, 2016

Week 7

Hi! This week involved going back to my original research questions, as I might have started to deviate and delve into other territory like my last week's blog-DNA testing. This time I am going back to prosecutorial misconduct- a sad occurrence which happens countless times. I will guide you through a scenario.
1) Imagine you are a lawyer who is utterly convinced that your client was brutally murdered by his daughter.
2) You're fighting with the defense, in an effort to convince your jury to convict her.
3) You find new evidence that will completely jeopardize your case and you won't be able to get justice for your client.
4) Your duty is to hand over this information to the defense so they can defend the daughter, but your entire future and reputation rests on winning this one case. It will make you or break you.
5)You're supposed to be on the side of justice, you have to hand over this information to the defense. So what do you do? Conceal or don't feel? (after you lose your case that is.)

Story of the Day: Well that's exactly what happened in 1987 with a prosecutor who convicted Michael Morton of killing his wife. Morton's defense attorney was never given the police report which stated his three year old son has said that his dad did not kill his mother. After serving 25 years in prison, the police report was finally handed over and Morton was exonerated through DNA evidence found on a bandana at the site of the crime scene which implicated another man. Just remember though, there are always two sides to a story.

6 comments:

  1. This was so interesting to read! I found myself getting nervous just reading it because I wanted to know what happened in the end! It really would be so difficult to make those decisions as a lawyer.

    ReplyDelete
    Replies
    1. It really would! Thanks for reading like always :)

      Delete
  2. This was really interesting. Have you talked to any lawyers who have dealt with similar conundrums?

    ReplyDelete
    Replies
    1. Thanks for reading Neel! Haven't talked to any lawyer who has faced this dilemma but have talked to lawyer who knows about this issue and its commonality.

      Delete
  3. Why did it take 25 years for the DA to receive that paper and not earlier? Was the prosecutor charged with obstruction of justice?

    ReplyDelete
    Replies
    1. Hey Nassim! Thanks for reading! Not really sure what happened to the prosecutor. Everyone has their own agenda, so the prosecutor wanting to forward his career hid this from the DA. The DA obviously didn't know and it's hard to find out about things like this.

      Delete