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Can Prosecutors Withhold Evidence of Innocence?


Discovery: What and When the Prosecution Must Disclose - Nolo

Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants. In This Article.

Prosecutorial Misconduct: Typologies and Need for Policy Reform

An unprecedented case of criminally charging a prosecutor for withholding exculpatory evidence, occurred in 2011 in Texas. Ken Anderson, who ...

Attorneys say prosecutors withheld evidence in trial of former ...

... could be perceived to be evidence weighing in Coy's favor, his attorneys argue. ... Man found innocent of 1977 Tyler murder suing Smith ...

New research shows prosecutors often fight winning innocence ...

“And the only way that our system can determine whether somebody is guilty or innocent is to go through the process of going through trial and ...

The “Critical Stage” of Plea-Bargaining and Disclosure of ...

... evidence can reduce the risk of innocent people pleading guilty). 111. See ... withholding evidence before the door to the presumption of innocence is permanently ...

Federal Discovery Reform - NACDL

When prosecutors rely on the Brady rule to determine pretrial disclosure obligations, they are likely to withhold favorable information from the defense.

Prosecutors Can No Longer Withhold Evidence From The Defense ...

There is a new Rule of Professional Conduct that makes it an ethical violation for prosecutors to withhold material evidence from the defense.

What Evidence Does The Prosecutor Have To Give You During ...

During the discovery process in a criminal case, the prosecutor is required to provide the defense with a wide range of evidence that the prosecution ...

ARTICLES - Boston University

... innocent defendants – bargaining will not fix the mistakes.”). 29 Cf ... prosecutors to introduce inculpatory evidence they believe (but do not know).

Brady-Giglio Protocols Regarding Evidence in Federal Criminal Trials

They prevent the prosecution from withholding evidence that could potentially exonerate the defendant or cast doubt on the prosecutor's case. What is the Brady- ...

Justice Manual | 9-11.000 - Grand Jury | United States Department ...

Each United States Attorney should be assured that hearsay evidence presented to the grand jury will be presented on its merits so that the jurors are not ...

Criminal Defense Attorney Q&A: Withholding Evidence, Trial Errors ...

... innocence possible withholding of evidence from ... If you can prove that the prosecutor was deliberately withholding exculpatory evidence ...

Georgia Supreme Court Adopts Rule to Hold Prosecutors ...

Previously, there were no written ethical rules in Georgia requiring prosecutors to turn over evidence of innocence discovered after a person's conviction or to ...

Dismissal When Police and Prosecutor Fail to Preserve Video

The Due Process Clause of the United States Constitution obligates the prosecution to disclose and retain evidence. Brady v. Maryland (1963) 373 U.S. 83; ...

Exculpatory Evidence | Definition, Examples & Uses - Lesson

Exculpatory evidence is any evidence used to support the innocence of a defendant on trial. It can be evidence uncovered by either the prosecution or defense.

Brady-Giglio Guide for Prosecutors

It is a good practice to have a column in the spreadsheet to mark if a document contains exculpatory evidence. This spreadsheet will make it easy to locate the ...

Exculpatory Evidence Pre-plea without Extending Brady

Innocent defendants sometimes plead guilty. This is a problem. Some suggest fixing this problem with a constitutional requirement that prosecutors disclose ...

What is Exculpatory Evidence? | Federal Criminal Defense

Evidence that could be used to challenge the credibility of a prosecution witness is also exculpatory and must be turned over to the defense.

Essential information for investigators, support staff, and victim ...

It can also result in State Bar sanctions at the least for the prosecutor who failed to disclose that evidence. Even without a formal sanction, withholding ...

SUPPRESSION OF EXCULPATORY EVIDENCE

held that the prosecution has a duty to disclose evidence that could ... It also applies to evidence known only to the police and not the ...