Part 1 - Disciplinary Assignment: The Criminal Justice System in Its Environment
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Disciplinary Assignment: The Criminal Justice System in Its Environment
Maria Hensley
School of MS: Criminal Justice: Cybercrime Investigation, Liberty University
Instructor, Lisa Deese
Abstract
Prosecutors play a key role in all criminal proceedings but most importantly during a criminal
trial. Under the Constitution, it is a given that in the United States any person charged with a
crime has a right to due process. One of these due process entitlements, the criminal justice
system is a fair trial, and to ensure a fair trial there are criminal justice standards, including
Discovery and Procedures Before, During, and After Trial that attorneys have to follow, this fact
includes disclosure of evidence from the state. It was around 1964, the American Bar
Association, (ABA) established the Criminal Justice Standards Project where a special committee
Part 1 - Disciplinary Assignment: The Criminal Justice System in Its Environment
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on Standards for the Administration of Criminal Justice develops standards, regularly updated to
coincide with case law and modern technology, intended as a guide to professional conduct and
performance (Criminal, ABA). Prosecutors are no exception to these standards, holding a higher
obligation to disclose the truth, in any form it may come in, to the courts and co-councils during
arbitration, or expect the consequences of misconduct that can be criminally punishable.
Materiality is defined as a “reasonable probability” that, had the evidence been disclosed, the
result of the proceeding would have been different (Justice, 2025).
Keywords: American Bar Association, Criminal Justice Standards Project, Discovery,
Due Process, and Administration of Criminal Justice
MEMORANDUM
TO: CJUS520 Instructor, Lisa Deese
FROM: Maria Hensley
DATE: February 08, 2026
SUBJECT: Supreme Court Case Summaries of Prosecutor’s Obligations
Issue: Brady v. Maryland U.S. 83 (1963)
Was the defendant’s, Brady, constitutional rights to due process violated because the
prosecution withheld evidence, favoring the defendant, of written testimony from Brady’s
accomplice (Buckner, 2025)?
Facts: The defendant, Brady, and his accomplice, Boblit, murdered their friend, Brooks, during
the course of a felony attempting to steal Brooks’ car. Prior to Brady’s trial, his attorney
requested from the prosecution any statements made by his accomplice, Boblit, as to the killing
of Brooks, but no written statement had been disclosed during trial and the jury found Brady
guilty of 1st degree murder and sentenced to death. Brady’s attorney later discovered that the
prosecution did have written testimony from the accomplice, Boblit, admitting that he killed
Brooks and filed an appeal stating the defendant did not receive a fair trial due to the
prosecutions withholding of material evidence (Buckner, 2025).
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Issue: Giglio v. United States U.S. 150 (1972)
Should the prosecution have disclosed that immunity was given to a key witness by the
prosecution in exchange to testify against the defendant (Valdez & Sieden, 2022)?
Facts: The defendant, Giglio, charged, and found guilty of forging money orders and cashing
them at a bank. Suspected of being part of this money forging crime, bank teller, Taliento,
cashed the forged money orders. During his testimony at trial, Taliento stated that he had no
idea the money orders had been forged and denied he was given immunity for charges as a
coconspirator in exchange for his testimony against the defendant, Giglio. The defendant’s
attorney later came across an Affidavit signed by the state prosecutor granting immunity to
Taliento in exchange for testimony against Giglio. An appeal was filed by Giglio’s attorney
claiming that his client was not given his due process rights to a fair trial since the Affidavit of
Immunity was not disclosed by the prosecution (Valdez & Sieden, 2022).
Issue: United States v. Agurs U.S 97 (1976)
Could the prosecutions omission of material evidence been enough for the jury to have
reasonable doubt had it been disclosed during trial (Wiki, 2026)?
Facts: The defendant, Agurs, stabbed and killed, Sewell, in self-defense using the victims own
knife. Agurs’ attorney argued that the victim, Sewell, was seen carrying two knives prior to the
stabbing and that the defendant cried out for help during the attack right before stabbing the
victim. The victim was also seen with money right before the incident yet, no money was found
on the victim or at the scene of the incident. The defendant, Agurs, had fled the scene that
night. After turning herself in the next day there were no signs of a struggle. Agurs was found
guilty at trail and convicted of second-degree murder. A few months later, Agurs’ attorney filed
for a pretrial for the failure of the prosecution’s obligation to disclose the victim’s prior criminal
records which are considered material evidence since they could prove the victim was a violent
person and had two previous arrest for carrying deadly weapons (knives) (Wiki,2026).
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References
Justice Manual Title 9: Criminal | 9-5.000 – Issues Related To Discovery, Trials, And Other
Proceedings. United States Department of Justice. (2025, November 13).
https://www.justice.gov/jm/jm-9-5000-issues-related-trials-and-other-
courtproceedings#:~:text=Constitutional%20obligation%20to%20ensure%20a,Giglio%2C
%2 0405%20U.S.%20at%20154.
Wikimedia Foundation. (2026, January 2). United States v. Agurs. Wikipedia.
https://en.wikipedia.org/wiki/United_States_v._Agurs
Valdez, S., & Sieden, J. D. (2022, August 10). Brady/Giglio Policy Overview. Douglas County
District Attorney Seventh Judicial District.
https://www.dgcoks.gov/sites/default/files/docs/county-news/pdf/bradygigliooverviewau
gu st2022.pdf
Buckner, S. (2025, July 24). Brady v. Maryland Case Summary. Findlaw.
https://supreme.findlaw.com/supreme-court-insights/brady-v--maryland-
casesummary.html
Criminal justice standards. American Bar Association, ABA. (n.d.).
https://www.americanbar.org/groups/criminal_justice/resources/standards/
