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Disclosing Exculpatory Evidence


9-5.000 - Issues Related To Discovery, Trials, And Other Proceedings

Constitutional obligation to ensure a fair trial and disclose material exculpatory and impeachment evidence. Government disclosure of material exculpatory and ...

Brady rule | Wex | US Law | LII / Legal Information Institute

The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense.

Non-Brady Legal and Ethical Obligations on Prosecutors to Disclose ...

A single state, California, has created criminal liability for prosecutors who fail to disclose exculpatory evidence. Another state, New Hampshire, interprets ...

Brady disclosure - Wikipedia

In the legal system of the United States, a Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or ...

Duty to Disclose Exculpatory Evidence

It a duty of all law enforcement agencies to (1) identify and provide to the prosecution any exculpatory material that would have a reasonable probability of ...

Plea Bargaining in the Dark: The Duty to Disclose Exculpatory Brady ...

Some courts apply this rule during plea bargaining and require the disclosure of material exculpatory evidence before the entry of a guilty plea. Other courts ...

What is Exculpatory Evidence? | Federal Criminal Defense

Exculpatory Evidence Must Be Disclosed to the Defense ... The adversarial nature of the American criminal justice system operates on the theory ...

"Exculpatory Evidence" by James K. Knight Jr.

In United States v. Agurs, the U.S. Supreme Court held for the first time that criminal prosecutors have a constitutional duty to voluntarily disclose ...

Further Refinement of the Prosecutor's Duty to Disclose Exculpatory ...

White, the Missouri Court of Appeals for the Western District accepted an innovative theory offered by the defense as to how exculpatory evidence would have ...

Entitling the Accused to Exculpatory Evidence - Georgetown Law

Entitling the Accused to Exculpatory Evidence: Why Prosecutors Should Have to Disclose During Plea Bargaining ... this behavior as a practical matter. Continue ...

A Prosecutor's Viewpoint on Disclosing Exculpatory Evidence

... Viewpoint on. Disclosing Exculpatory Evidence. Fred Klein. Maurice A. Deane School of Law at Hofstra University. Follow this and additional works at: https ...

Prosecutors Obligation To Disclose Exculpatory Evidence

The Supreme Court held that the due process clause obligates the prosecution to disclose to the defense any material evidence favorable on the issues of guilt ...

Exculpatory Evidence - N.C. Defender Manual

The U.S. Supreme Court recognized the constitutional right of a criminal defendant under the Due Process Clause of the 14th Amendment to disclosure by the ...

Mandatory Prosecutorial Disclosure: Safeguarding Our Right to a ...

This rule requires prosecutors and law enforcement to surrender material and exculpatory evidence to defense counsel, but not all of the ...

Disclosing Exculpatory Evidence: When Prosecutors Have to Help ...

Under Brady v. Maryland, prosecutors have an obligation to disclose that sort of evidence to the other side, referred to as exculpatory evidence.

Should the Government Have an Obligation to Disclose Exculpatory ...

Accordingly, the Supreme Court should hold that the Government is required to disclose exculpatory evidence even in the plea-bargaining stage. * ...

'Materiality' Limits Prosecutors' Duty to Disclose Exculpatory ...

disclose exculpatory evidence to a defendant even when the defense doesn't request such evidence. The Court, however, limited the scope of this new.

Affair to Remember:" by Michael E. Gardner

... disclosure of exculpatory evidence ... Affair to Remember: Further Refinement of the Prosecutor's Duty to Disclose Exculpatory Evidence - State v.

The Brady Rule Entitles Criminal Defendants to All - The Fishman Firm

Under this rule, prosecutors have an obligation to disclose all “exculpatory” evidence that is “material” to a defendant's case.

Exculpatory evidence - Wikipedia

In many countries, including the United States, police and prosecutors are required to disclose to the defendant exculpatory evidence they possess before the ...