Prosecutorial and Police Disclosure Ethics in Criminal Evidence Review in the UK and the US. A Comparative Account

Abstract

This article offers a comparative analysis of the phenomenon of pre-trial non-disclosure of criminal evidence, as exhibited by police and prosecution authorities in the US and English legal systems. The majority of literature that focuses on the subject of disclosure and specifically non-disclosure when it comes to criminal evidence review, explores the challenges and experiences of the US and English disclosure systems in isolation. This article considers disclosure ethics in the context of systemic cultural patterns exhibited by prosecution and police authorities in both jurisdictions. Thus, by conducting a step-by-step appreciation of the culture and operative practices experienced in both common-law systems, the article aims to offer a better understanding of the causes that lie behind police and prosecutorial ethical violations of disclosure duties. Specifically, I conclude that both police officials and prosecutors in England and the US enjoy a significant number of incentives that encourage unethical behavior and set low standards for performing one’s ethical and legal duty to disclose. At the same time, both criminal justice systems do not appear to put enough measures in place in order to punish and deter such occurrences.