Legal Question in Criminal Law in Tennessee

Prosecutors

I have many questions but would appreciate an answer to 2 of the main questions. 1) If a prosecutor is using threats and intimidation to get a person to plead guilty, knowing that it is not true, is she required to turn over the material showing that her statements are not true, even if your court appointed attorney does not ask for them? 2)If the prosecutor becomes a witness, is she able to continue as the prosecutor? Thank you


Asked on 11/02/00, 10:30 am

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Prosecutors

If the prosecution has evidence tending to show that the defendant did NOT do as charged, the prosecution is required to give that evidence to the defense.... and if the prosecuting attorney is likely to be a witness in the case, the prosecuting attorney should not be allowed to handle the case as prosecutor, unless the defendant has no objection to it (and perhaps not even then!).

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Answered on 12/10/00, 10:01 pm


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