CJA 364 The Pretrial Process

Pretrial Process

CJA/364

Pretrial Process

The majority of wrongful convictions stem from the prosecution's suppression of exculpatory evidence and the inability of the defendant's attorneys to gain access to this evidence through discovery (Zalman, 2011, p. 463). Prosecutors generally represent the crime control mentality of society and from this perspective he or she views anyone accused of a crime as guilty. In some prosecutors eyes' it may seem inconceivable to jeopardize the case by disclosing exculpatory evidence to a guilty defendant. The Brady v. Maryland case established a constitutional precedence for the requirement of prosecutors to disclose exculpatory evidence, but it is ultimately at the prosecutor's discretion to release it.

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