Why might some prosecutors withhold exculpatory evidence


Problem

Ethical decision-making is crucial throughout our criminal justice system. The prosecutor, in particular, has a great deal of power and authority. When this type of power is combined with the pressure to win cases, it can affect the decisions that are made. These decisions may have devastating consequences for defendants and victims of crime. This can lead to a guilty person being released and never charged, or an innocent person getting convicted of a crime they did not commit. Defense attorneys also have a difficult job. They are responsible for protecting the rights of their clients and maintaining a good working relationship with the courtroom workgroup. Explain your choices in this scenario by addressing the following questions: Why might some prosecutors withhold exculpatory evidence to the defense? Provide several examples of situations where this might happen. In what way might a prosecutor try to justify withholding such evidence? What ethical system could explain this decision?

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