DB Replies

Michael McLarty 

An example of exceeding appropriate for the prosecution could be when a prosecutor decides to withhold exculpatory evidence that could potentially prove a defendant's innocence. A case that displayed this is the Brady vs. Maryland. This case occurred in the year of 1963. John Brady and his companion Charles Boblitt were accused of robbing and killing a fifty-three-year-old man named William Brooks. They were both arrested and tried separately. Brady claimed that Boblitt killed Mr. Brooks in order to avoid the death penalty but the prosecutor did not provide Brady’s defense attorney with the necessary statement that was made in 1958. That type of evidence is known as exculpatory evidence, which is evidence that shows one’s innocence. In the statement Boblitt admits to committing the murder. Since the prosecutor failed to give that statement to the defense attorney, John Brady was found guilty and sentenced to death.  Exceeding appropriate authority for the defense refers to situations where a defense attorney, in their zeal to protect their client, oversteps the bounds of their professional role or ethical guidelines.

     The available remedies for the defense when appropriate authority is exceeded are motion to dismiss, habeas corpus, or to appeal. An example according to the textbook that displays when a defense attorney had the motion to dismiss was in the Duke's lacrosse case. "In the Duke lacrosse case, the state’s attorney general took over the case and eventually dismissed all charges because of a lack of evidence. Moreover, the North Carolina Bar Association charged Nifong with lying to the judge, withholding key DNA evidence from the defense, and making inflammatory statements to the public. The North Carolina Supreme Court agreed and disbarred him"(Neubauer et. al 6-10). The available remedies for the prosecution when appropriate authority is exceeded are to appeal, request for mistrial, or motion to suppress evidence. 

     The bible verse that supports the role of the prosecution and the defense attorney be defended by applying biblical principles is Proverbs 31:9. Proverbs 31:9 states "Stand up for what you know is right and judge all people fairly. Protect the rights of the poor and those who need help" (ERV Biblegateway.com).