nancylebov (nancylebov) wrote,
nancylebov
nancylebov

Prosecutorial Withholding of Evidence, and Adding Someone to Trials to Speak for the Truth

https://www.nytimes.com/2017/08/01/magazine/she-was-convicted-of-killing-her-mother-prosecutors-withheld-the-evidence-that-would-have-freed-her.html?smid=fb-share

In addition to the specific case, the article has a history of prosecutors withholding evidence and the laws related to that. It's been very bad, but recently, some prosecutors have been supporting broad disclosure, a requirement that *all* the evidence be shared.

I'm not convinced that this will be enough, though it seems like a good idea.

I think great deal of the problem is the adversarial approach to trials. It seems unlikely that Americans will give up the prosecutor vs. defense system, so I propose adding a third person to trials who's not allied with either side-- their job is to repeatedly address the question of whether the arguments make sense.

Zande Myrande wrote up a beginning of a trial which includes a third advocate-- this may make the idea clearer.

This entry was posted at http://nancylebov.dreamwidth.org/1093005.html. Comments are welcome here or there. comment count unavailable comments so far on that entry.
Tags: law, prosecutors, thirdadvocate
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