This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Perspective

May 3, 2011

Legally Blind: The Importance of Seeing Both Sides of a Case

The inability of prosecutors and defense attorneys to see a case from both sides has created a hyperadversarial system. By Hadar Aviram of Hastings College of the Law


By Hadar Aviram


The U.S. Supreme Court's recent decision in Connick v. Thompson, a Section 1983 case involving a discovery violation, is an illustration of law's insufficiency as a tool for penalizing and correcting prosecutorial misconduct. 2011 DJDAR 4526 (March 29).


John Thompson was arrested for murder and, based on an alleged accomplice's implication, also charged with an unrelated burglary. The prosecution decided to conduct the...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up