Comments on: Dallas DA wants to punish Brady violators http://apublicdefender.com/2008/05/04/dallas-da-wants-to-punish-brady-violators/ Fri, 12 Mar 2010 19:28:32 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: LJS http://apublicdefender.com/2008/05/04/dallas-da-wants-to-punish-brady-violators/comment-page-1/#comment-29677 LJS Mon, 05 May 2008 18:36:21 +0000 http://apublicdefender.com/?p=1188#comment-29677 I would also like to see a referral to the local licensing authority in any case where an appellate court finds prosecutorial misconduct. The licensing authority may decline to find probable cause to proceed, but it would mean there would be some review and possible censure for frequent offenders. I would also like to see a referral to the local licensing authority in any case where an appellate court finds prosecutorial misconduct. The licensing authority may decline to find probable cause to proceed, but it would mean there would be some review and possible censure for frequent offenders.

]]> By: Alec http://apublicdefender.com/2008/05/04/dallas-da-wants-to-punish-brady-violators/comment-page-1/#comment-29427 Alec Mon, 05 May 2008 02:25:13 +0000 http://apublicdefender.com/?p=1188#comment-29427 Watkins seemed to be concerned with both, and offended by the suggestion that cooperating with the Innocence Project was a waste of time and resources. I am hesitant to support criminal sanctions, although theoretically that would be the harshest sanction and provide the best deterrence. Mostly because I don't know that prosecutors would be eager to take on those cases, or that juries would be eager to convict if the wrongfully convicted defendant was not squeaky clean. Additionally, there might be complicated statute of limitations issues. But disbarment and civil liability (i.e., abolition of absolute immunity) seem appropriate. I don't know why disbarment for intentionally withholding exculpatory evidence is perceived as "ridiculous" by some prosecutors. As I often hear from the other side, if you have nothing to hide... Watkins seemed to be concerned with both, and offended by the suggestion that cooperating with the Innocence Project was a waste of time and resources.

I am hesitant to support criminal sanctions, although theoretically that would be the harshest sanction and provide the best deterrence. Mostly because I don’t know that prosecutors would be eager to take on those cases, or that juries would be eager to convict if the wrongfully convicted defendant was not squeaky clean. Additionally, there might be complicated statute of limitations issues.

But disbarment and civil liability (i.e., abolition of absolute immunity) seem appropriate. I don’t know why disbarment for intentionally withholding exculpatory evidence is perceived as “ridiculous” by some prosecutors. As I often hear from the other side, if you have nothing to hide…

]]> By: Gideon http://apublicdefender.com/2008/05/04/dallas-da-wants-to-punish-brady-violators/comment-page-1/#comment-29421 Gideon Mon, 05 May 2008 01:48:04 +0000 http://apublicdefender.com/?p=1188#comment-29421 I think he's concerned with a bit of both, but he really seems to have the right idea viz. the role of a prosecutor. He's done some impressive things in his tenure. Besides, whatever the motivation may be, if he succeeds in getting prosecutors afraid of the consequences of ethical violations, then we all benefit. I think he’s concerned with a bit of both, but he really seems to have the right idea viz. the role of a prosecutor. He’s done some impressive things in his tenure. Besides, whatever the motivation may be, if he succeeds in getting prosecutors afraid of the consequences of ethical violations, then we all benefit.

]]> By: SHG http://apublicdefender.com/2008/05/04/dallas-da-wants-to-punish-brady-violators/comment-page-1/#comment-29420 SHG Mon, 05 May 2008 01:45:57 +0000 http://apublicdefender.com/?p=1188#comment-29420 Is it me, or does it seem like Watkins is more concerned with the money and embarassment than with the fact that innocent people went to prison. Is it me, or does it seem like Watkins is more concerned with the money and embarassment than with the fact that innocent people went to prison.

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