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Or when a judge is given a request with missing information and he can't ask an expert, do research, or say, "Wait, what is a Tor Exit Node and why did you ment
by bargl 11y ago
Or when a judge is given a request with missing information and he can't ask an expert, do research, or say, "Wait, what is a Tor Exit Node and why did you mention it in your report?"
The point of this article is given the fact that they left that off then he can't reasonably ask for more information.
- derefr 11y agoRight. This is somewhat the point of the oppositional trial system; we can't expect a biased party to bring up all facts relevant to the case, so we bring in someone else with the opposite bias to give the judge the rest of the facts. In these expedited judicial-request hearings, there isn't an explicit defendant, so there's no oppositional counsel to bring in. Maybe we need to bring back the concept of a "devil's advocate"...
- ant6n 11y ago...Or more simply, the concept of an 'advocate'.
- CamatHN 11y agoprosecutors have a duty to 'justice' not simply to deliver the strongest result against the defendant. This is why they have to disclose information that suggests innocence.
- Sacho 11y agoBrady violations are taken very seriously: http://www.nytimes.com/2014/01/05/opinion/sunday/rampant-prosecutorial-misconduct.html?_r=0 http://www.nytimes.com/2014/01/05/opinion/sunday/rampant-pro... http://www.prosecutorintegrity.org/wp-content/uploads/EpidemicofProsecutorMisconduct.pdf http://www.prosecutorintegrity.org/wp-content/uploads/Epidem...