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Why is it possible for either side to withhold evidence? Why is all evidence not put on a table for both sides to dissect? Genuine questions. Currently it seem
by jwdunne 13y ago
Why is it possible for either side to withhold evidence? Why is all evidence not put on a table for both sides to dissect?
Genuine questions. Currently it seems like a competition. This isn't competitive ground, as much as I see lawyers essentially competing over number of clears/convictions. This is about people's lives!
- thaumasiotes 13y agoEvidence isn't conjured into existence by the judge and then withheld by lawyers. It's discovered by the lawyers. It's not a logical possibility to prevent them from failing to bring it to everyone else's attention.
- jwdunne 13y agoI always thought the police gather evidence? I remember from my own interactions the police are always present. This is in the UK where processes may be much different...
- fnordfnordfnord 13y agoIt is possible because a prosecutor's incentives are to get convictions above all else, and because prosecutors are rarely (almost never) held to account for such crimes. Even when prosecutors deliberately obstruct efforts by the defense to obtain that evidence, going so far as to ignore an order from a higher court, the punishment is relatively small. Ken Andersen was allowed to resign as district judge, and also to resign from the Texas State Bar, he was given a 10-day sentence for a criminal contempt charge for which he served 5 days in jail. link http://gritsforbreakfast.blogspot.com/2013/09/from-too-little-too-late-department.html http://gritsforbreakfast.blogspot.com/2013/09/from-too-littl... another link http://www.texasmonthly.com/story/why-michael-morton%E2%80%99s-prosecutor-finally-resigned http://www.texasmonthly.com/story/why-michael-morton%E2%80%9...