To allow A wittness to lie during testemoney,by holding back evidence that while attempting to uncover evidence that proved the defendent guilty,susequently proved them to be more likley than not innocent and proved the wittness was telling A lie.
2006-12-08 12:15:33 · 6 answers · asked by foreversmilingirish 2 in Politics & Government ➔ Law & Ethics
You bet it's wrong but prosecuting attorneys do it every day. Regardless of ethics, it's all about winning with these types. I was in a case that was completely made up and when proven to be made up, they just changed the charges to fit their case. If you can prove this is happening you might want to submit the prosecution's name to your state bar association and they can put some heat on the scumbag. Look what's happening to Mike Nifong and the Duke case. He's in deep doo-doo right now and he had that same mentality of win at all costs.
2006-12-08 12:24:24 · answer #1 · answered by dasuberding 7 · 3⤊ 0⤋
It's difficult to figure out what you're talking about because your question is a rambling run-on sentence.
The short answer: Lying in a court of law is *always* morally wrong and *always' illegal. The job of the prosecutor is not to 'win' but to prove (as in test) whether the accused is guilty. If there is any information which shows otherwise, the prosecutor *MUST* reveal it or allow it to be revealed. Knowingly allowing a witness to lie about substantial evidence, even by omission, is as much perjury as lying yourself.
This is exactly the kind of incident which causes people to question the integrity of the court system, and by extension undermines the entire concept of the rule of law. It is neither trivial nor harmless.
2006-12-08 20:24:46 · answer #2 · answered by dukefenton 7 · 3⤊ 0⤋
Any attourny that knowingly allows a witness to lie on the stand is not only imoral but illeagle as well . This is a criminal act called sobjourning perjury and any lawyer that allows his witness to commit the crime of perjury can be equally and criminally liable in a court of law, he will face charges of his own if this is proven in court to be the case. He is an officer of the court and is bound by law to expose any false testimony in court even if it is his own witness.
2006-12-08 20:38:58 · answer #3 · answered by Anonymous · 1⤊ 0⤋
holding back evidence isnt the same as lying. It would be wrong for a prosecuting atty to allow a witness to lie because that would be a fraud on the court.
2006-12-08 20:24:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
That's ILLEGAL, pure and simple and also grounds for a new trial. However, if the defendants attorney never found out, the prosecuting attorney just got away with murder (IFit was a death row case) think about that.
However, most people think of it as a "sin of omission," meaning that not so much of it being illegal as a technicality. After all, what "they don't know. . . " no matter how moral the choice is ugly.
2006-12-08 20:25:25 · answer #5 · answered by AdamKadmon 7 · 3⤊ 0⤋
It is illegal for an attorney to hide evidence from the defense. There's this little thing called disclosure, under which each side has to disclose to the other the evidence that it has.
If the one side has evidence that he does not disclose, he is in big trouble, if it can be shown that he has such evidence.
Additionally, when an attorney knows that a witness is lying and allows him/her to do so under oath in court, it is called "suborning perjury," and is also illegal.
2006-12-08 20:28:35 · answer #6 · answered by sonyack 6 · 3⤊ 0⤋