Criminal Law-Aspects that Level the Playing Field
A trial, whether a civil case or a criminal case, is designed to be a truth seeking activity. The truth seeking capability of a trial on the civil side is frequently somewhat affected by the disparity in ability between lawyers. Similar disparities can apply in regard to a criminal case, but there are some aspects of a criminal case that are designed to level the playing field between the government and the defense. A prosecutor who is aware of information that is considered to be exculpatory—that would tend to show that the defendant is not guilty—must disclose that information to the defense prior to trial. The rationale behind that rule is based upon the truth seeking function of a trial.
A criminal trial is not simply a matter of gamesmanship, but is a matter of getting all of the pertinent facts out before the jury and then letting the jury decide whether the defendant is guilty or not guilty. During the course of the trial, a prosecutor is somewhat restricted in the vehemence of his or her arguments to the jury. A prosecutor is subject to the general due process prohibition against prejudicial and inflammatory remarks to the jury.
