Brady v Maryland

            During criminal proceedings, the due process is a legal  requirement that allows the prosecutors to disclose the evidence to show that the defendant is guilty and they also release evidence to show that the defendant is innocent (Del, 2007).  However, the Brady v Maryland affected both police and prosecutors in that they failed to provide evidence to show that the murder was committed by the companion. The prosecutor was involved in an unlawful act of suppressing the evidence and thus he violated the due process (Del, 2007).  As a result, the Court reversed the conviction.  Failure to disclose favorable evidence led to postconviction challenges. Thus, the police and prosecutor violated the due process, the disciplinary rules, and undermined the adversarial system.

According to the 14th amendment, the prosecutors have an obligation to disclose any favorable evidence. Failure to adhere to the constitutional requirement may ruin one's career and face punishment. Since the 14h amendment is the backbone of the criminal justice system and the prosecutors have a professional responsibility, he or she should face the disciplining authority (Del, 2007). There is a disciplinary system whose role is to punish the officials who violate the ethical standards. Punishment can be associated with a loss of integrity. Note that prosecutors should adhere to ethical rules and they should avoid the violation of a disciplinary rule (Del, 2007).  Failed to adhere to the rules, one may be punished through disbarment. Since the act of concealing evidence leads to serious harm to the party and criminal system, prosecutors deserve to be disbarred. In the U.S, the Supreme Court employs the exclusionary rule when prosecutors violate the due process (Del, 2007). The purpose of this technique is to deter prosecutorial misconduct.

 

 

Reference

 

Del, C. R. V. (2007). Criminal procedure: Law and practice. Belmont, CA: Thomson/Wadsworth.