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Wrongful convictions in this country are nothing new to the criminal justice system. They are as old as the system itself, and they will continue to exist as long as the fallibility of human judgment continues. But there is a disturbing trend in this country: the vast majority of prosecutors often go unpunished for intentional misconduct that leads to a wrongful conviction.
This prosecutorial misconduct is disturbing enough, but the fact that these individuals do not get punished for that misconduct is atrocious. It is unmistakable that they are breaking the law. The U.S. Supreme Court said in Brady v. Maryland (1963) that prosecutors have an affirmative duty to turn over all evidence to the defendant, even if that evidence is exculpatory, i.e., it tends to show that he is not guilty.
Sadly, prosecutors should willingly turn over evidence especially if it is exculpatory, but in the real world of pressure on prosecutors to obtain guilty verdicts, that simply isn’t the case. They are faced with immense pressure to win cases. If they don’t, they can start looking for another job. That, however, is no excuse for breaking the law.