The broad discretionary powers of the prosecutor affect the course and conclusion of criminal cases. “Let every person be subjected to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God” (Romans 13:1, English Standard Version). The high ethical standard makes it the duty of the prosecutor to disclose exculpatory evidence to the defense that proves the innocence of the defendant. A landmark case, the Supreme Court’s decision in Brady v. Maryland (1963) established the Brady Rule which would affect the outcomes of Giglio v. United States (1972) and United States v. Agurs (1976).
Brady v. Maryland (1963) The argument presented before the Supreme Court by the petitioner John L. Brady was whether the government violated the petitioner’s due process rights by restricting his new trial to the question of punishment. The facts of the argument where based on the suppressed evidence by the prosecution in the Maryland murder trial against Brady. Donald Boblit, Brady’s companion in the commission of the crime, were prosecuted separately. Brady’s trial was …show more content…
Agurs was whether the government’s nondisclosure of the extensive criminal record of petitioner’s victim deprived Agurs of a fair trial. The facts of the case were based on Agurs’ assertions at trial of self-defense and the discovery of the victim, James Sewell, prior criminal charges of assault with a deadly weapon. Agurs, a prostitute, was tried for stabbing her customer, Sewell, to death in a motel room. Agurs claimed Sewell attacked her for stealing his money and an altercation ensued in which she stabbed him in self-defense. This contradicted the evidence which showed that Agurs did not have any self-defense wounds. Indicted for second degree murder, Agurs appealed for a new trial arguing that the prosecutor’s failure to disclose Sewell’s criminal record violated the Brady