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Ali Kirk
Ali Kirk, Lawyer
Category: Criminal Law
Satisfied Customers: 244
Experience:  14+ years experience in misdemeanor and felony trials and appeals.
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As a prosecutor After you have successfully prosecuted a rapist,

Resolved Question:

As a prosecutor: After you have successfully prosecuted a rapist, you uncover evidence that indicates that the victim in the case created the story to avenge a love affair that went sour. What do you do? What would you do if you knew that the suspect was charged with rape on two other occasions but was not convicted due to legal technicalities?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Ali Kirk replied 8 years ago.
Hello, and thank you for your question.

I think this is subject somewhat to interpretation (so you may get different opinions depending on who you ask) but as a lawyer, and (I would hope) especially as a prosecutor, you have an ethical obligation to bring new evidence that you are made aware of to the court's attention. That's especially true where the new evidence you learn could free an innocent person. The fact that the suspect was previously charged with rape but not convicted due to technicalities shouldn't even come into play; as attorneys, we take an oath to uphold our system of justice, to bring honor and honesty to the court and to represent our clients zealously and fairly. As a prosecutor, your clients are the public at large, and that includes the suspect. If he was able to get off on a technicality, then that to me is proof that the system in fact works.

I think a prosecutor also realizes that they aren't going to win every case, that sometimes the guilty (or those that appear guilty) will go free, but you can never hide or withhold evidence to punish the innocent.

Good luck to you. If you have any additional questions, please press the reply button, and I will be happy to assist you further.

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