Something that should be noted is that in North Carolina there are "open file" laws that permitted the defense to get hold of the exculpatory evidence prior to a trial. In many jurisdictions, a defendant can only find out what happened after the trial and try to appeal. A brief explanation and history of the "open file" law in NC can be read at:

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I'm afraid that I have to agree that prosecutors basically get a free pass on abuses. The number one rule of prosecutorial discrection is that prosecutors don't prosecute other prosecutors. And I think virtually all lawyers would agree that class plays a very major factor in how cases are handled. Often a prosecutor will rationalize this as "I *have* to treat rich people differently because they have lawyers."

I feel some sympathy for Nifong (though he merits his punishment). I didn't get the impression that he was over-ambitious or outright 'crooked.' Rather, I think he made a cardinal mistake that many in the legal profession make -- he *believed* those guys were guilty and thus that playing the system would result iultimately in justice. Too many prosecutors get delusions of Godhood (defenders usually get knocked down enough to know otherwise). They forget that in the US justice is a process as well as a verdict.

Due process under the 14th Amendment of the Constitution requires open files whatever the state's statutes may say. See the Supreme Court's opinion in Brady.

Tell that to the prosecutors in Jefferson County Alabama and see if they just hand over the files to you in a rape case. Indigent defendants here are not even allowed Court appointed counsel on appeal, so who's gonna complain about the lack of an open file?

Well, if you catch 'em, stick it to 'em (probably in Federal Court.)

fozzy:

"They forget that in the US justice is a process as well as a verdict."

Sure there is a process for the 15% of the defendants who can afford to fight back. Sure there is a process of appeal that lasts for years as once convicted the states do not have to answer quickly at all. The right to a speedy trial is only guaranteed for the first one and appeals can drag out for years in state and federal courts.

Justice in this country has little to do with truth or justice. The process revolves around who gets the notch in the broomstick or the gun. Winning is everything and second place means one should find a new occupation.