After careful review of the assigned material The Untouchables: America’s Misbehaving Prosecutors, And The System That Protects Them, an article by Radley Balko published in the Huffington Post August 2013 argues Brady violations which are the failure to disclose, as a matter of law, exculpatory evidence, as required under Federal case law. Balko addresses prosecutor misconduct and lists the tens of thousands of prosecutorial misconduct cases that have been studied by ProPublica, the Center for Public Integrity, USA Today, the Innocence Project , and Yale Law.
Senate Bill s. 353 was introduced in Senate on 3 February 2015 titled Justice Safety Valve Act of 2015. This bill authorizes a federal court to impose a sentence in a criminal proceeding
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These types of changes would create significant change if fully implemented. As discussed, the open file system will test the integrity of the prosecutors work and leave little to no room for error and corruption. Better education for prosecutors will provide a better understanding of the consequences they face if misconduct is demonstrated. Finally, harsher penalties will strike fear into the prosecutors who consider applying corruption into the system.
Finally, there are four solutions proffered, Restoring discretionary authority to judges, “Open File” reform, Criminalization and Punishment of deliberate and serious prosecutorial misconduct, and Improved prosecutorial education.
“Open File” reform would be the most important solution because it discloses all the information regarding each case. This solution can be loosely associated with Utilitarianism because by keeping an open file only good could come from exposing all parties with the evidence and facts of the
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Although, because of his experiences as the attorney to the mob, I’m sure Mr. Murray could explain how he has not violated any of the eight elements. In the interview with Murray I will never forget the colorful statement he made “It’s good to know the law, It’s good to know the facts, It’s better to know the judge” This statement questions Murray’s ethics proving that he will do whatever it takes to win a case, even if it means demonstrating unethical actions.
Murray participate in the creation or preservation of evidence when he or she knows or it is obvious that the evidence is false in several occasions. One that come to mind from the assigned video is when Murray explains how he defended an individual who was accused of stabbing the victim seven times, Murray argued the victim backed into the knife and lowered his clients sentence.
Murray knowingly use perjured testimony or false evidence when questioning a woman on the stand regarding his clients penis. He asked if the woman if his clients penis was circumcised or uncircumcised, knowing she answered the question incorrectly he was able to get all charges dropped for his