Pre-trial process denotes the actions, conferences, and motions that take place afore the real court trial. They mostly take place between the prosecutors and the attorneys and can either be with/without the process of a judge or jury. Against the apprehension of many people, most cases are disposed at this stage explaining why there are plea bargaining in most cases. Conferring to Scheb & Scheb, (2011), the pre-trial process adheres to a well-laid structure, they have numerous variations depending on the sternness of the misconduct committed by the offender. The pre-trial process takes place for various reasons. For instance, they enable both parties to articulate and streamline matters of the case and in the process, eliminating wasteful activities as well as improve the quality of a trial and settlement of a case. Equally, the pre-trial ensures that frivolous claims and superfluous evidence are disregarded (Scheb & Scheb, 2011).
Closely interrelated to the exceeding process is the prosecutor’s duty to disclose exculpatory information. Similarly known as Brady Rule, it designates a regulation that necessitates prosecutors to disclose pertinently exculpatory confirmation and evidence that goes to the credibility of a witness (Bergman & Berman-Barrett, 2015). Failure to do so might result in suppression of the ruling irrespective of whether or not the evidence was in the possession of the prosecutor. Prosecutorial misconduct, on the other hand, happens when an attorney fails to adhere to the given code of professional ethics and conduct in the course of a prosecution (Lawless, 2008). It harmoniously designates disregarding the constraints of decorum and impartiality of a given case. Prosecutorial misconduct might include but not limited to falsification of evidence, intimidation, racial profiling, subornation of perjury, as well as failure to disclose exculpatory evidence as elaborated herein.
References
Bergman, P., & Berman-Barrett, S. J. (2015). The criminal law handbook: Know your rights, survive the system.
Lawless, J. F. (2008). Prosecutorial misconduct: Law, procedure, forms.
Scheb, J. M., & Scheb, J. M. (2011). Criminal law and procedure. Belmont, CA: Wadsworth Cengage Learning.
