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In California, there is a carefully prescribed procedure governing such request, and making disclosure without an order is a crime. The statutory scheme was developed, in part, because law enforcement departments had developed a practice of purging their files concerning misconduct claims made against their officers.
Brady is a holistic, rather than piece-by-piece, inquiry. [152] Whether the government acted in "good faith" or "bad faith" is irrelevant to Brady. But, if the defendant cannot prove that withheld evidence would have been exculpatory, because its import is unknown, to obtain relief, the defendant must instead show that the government acted in ...
Per the Brady v. Maryland decision, prosecutors in the United States have a duty to disclose exculpatory evidence even if not requested to do so. While the prosecution is not required to search for exculpatory evidence and must disclose only the evidence in its possession, custody, or control, the prosecution's duty is to disclose all ...
Created Date: 8/30/2012 4:52:52 PM
In California, the district attorney is required to turn over everything they plan to present at trial at least 30 days ahead of time, [23] as well as any evidence that might help the defendant show that they are innocent (see Brady disclosure). [24]
Critics have accused California’s Proposition 47 – signed into law in 2014 – of deteriorating San Francisco, as it reclassified six minor felony offenses as misdemeanors in the state of ...
[21] [22] [23] The Brady rule may require the prosecutor to disclose grand jury testimony prior to trial, if the information is exculpatory, as well as other Brady material. [24] In United States v. Anderson, [25] when Brady material is contained within Jencks Act material disclosure is generally timely if the government complies with the ...
Business and agricultural groups sued California on Tuesday over the most sweeping climate disclosure mandates in the nation, arguing the policies signed by Gov. Gavin Newsom last year overstep on ...