PHIL 247 Lecture Notes - Lecture 12: Fox Hunting, New York County District Attorney, Exculpatory Evidence
5 Jan 2016
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David luban (2010) the conscience of the prosecutor . Tuesday, january 5, y: complete symmetry of obligations both sides are suppose to fight as hard as they can to win, (imperfect) procedural justices set of rules for evidence, testimony, and conduct designed to advance the truth, consistent with the other ends of the law, criminal trial search for truth or justice? justice is more important. Role of the prosecutor: prosecutors aren"t suppose to win at all cost time honoured formula: seek justice, not victory, two fold aim: guilty shall not escape or innocent suffer , advance search for truth and the protection of rights, j. s. Asymmetrical obligations: prosecutors seek justice, not victory, defence seek victory, not justice, only the prosecution (may be) permitted to appeal to their conscience to help determine the outcome of the case, what shouldn"t defence attorneys be permitted to appeal to their conscience.
