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Is Charlotte Public Tired Of Prosecutor Misconduct?

Posted by Christopher Shumate | Dec 17, 2012 | 0 Comments

Two recent articles have again pointed out some of the issues with the current discovery rules in criminal cases, which have unfortunately lead to abuse by representatives of the State. Under the current rules, the Prosecution is supposed to produce a variety of documentation in discovery such as: all arguably relevant documents, witness names /statements, scientific evidence, tape recordings, relevant correspondence, etc. The State has an obligation to produce any exculpatory materials "Brady material" and materials that would tend to impeach government witnesses or contradict government arguments "Giglio material".

The recent articles note that organizations such as the Innocence Project and Centurion Ministries continue working to overturn unjust convictions obtained in cases where prosecutors acted improperly. The authors of the articles, and many in North Carolina, are starting to wonder why there is such a double standard for the way the court system treats normal Defendants, as compared to prosecutors who are discovered to have engaged in such clear misconduct.

The articles point out that normal sentencing guidelines have some combination of (1) deterrence, (2) protection of society, and (3) retribution components. The authors reveal clear frustration that, despite past incidents of clear willful misconduct of Prosecutors, there has been a lack of punishment by both the Bar and authorities. In the author's mind, such scenarios have been handled with "kid gloves".

About the Author

Christopher Shumate

Mr. Chris Shumate is a native of Gastonia, North Carolina, and worked various jobs while pursuing his undergraduate and Juris Doctor education, including several heavy manual labor and skilled trade positions. In his practice, Mr. Shumate often encounters circumstances where these prior experiences are helpful in representing you. Upon graduating law school from the University of South Carolina, Mr. Shumate joined one of the Carolinas' larger defense firms, where he represented a diverse set of employers and insurance companies in civil cases and workers' compensation claims across the Carolinas. Chris utilized this experience to obtain a working knowledge of the insurance industry, and build personal contacts used today in representing you. Mr. Shumate ultimately decided he wanted to focus his law practice on assisting those who have been injured, and doing so with the focus on a personal relationship that is uncommon in the bigger firms. Mr. Shumate's also has a passion for assisting those facing the challenges of the criminal legal system. By representing individuals in a variety of criminal and traffic matters, Mr. Shumate works to achieve the best possible result for each client regardless of the charges levied by the prosecution. Chris has tirelessly pursued his mission of helping people from all walks of life throughout the Carolinas with a variety of legal matters. If you are interested in learning more about Chris Shumate and The Shumate Law Offices, please contact us at 704.371.5059. We look forward to assisting you to achieve a positive result in your legal concern. Education J.D., University of South Carolina B.S., University of South Carolina Jurisdictions Admitted to Practice N.C. State BarS.C. State BarU.S. District Court Western District of North Carolina Professional & Bar Association Memberships N.C. Bar Association S.C. Bar Association Mecklenburg County Bar N.C. Academy Of Trial Lawyers American Association For Justice

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