Search results
Results from the WOW.Com Content Network
Greene, "Thus the term 'Brady violation' is sometimes used to refer to any breach of the broad obligation to disclose exculpatory evidence – that is, to any suppression of so-called 'Brady material' – although strictly speaking, there is never a real 'Brady violation' unless the nondisclosure was so serious that there is a reasonable ...
Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. [1]
[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 ...
For premium support please call: 800-290-4726 more ways to reach us
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 ...
Brady requires a criminal conviction to be reversed if the government withholds exculpatory (or impeachment [150]) material, within the government's possession, from the defendant, and there is a reasonable probability that, if such material had been disclosed, the result of the proceeding would have been different ("materiality"). [151]
Brady v. Maryland , 373 U.S. 83 (1963), was a landmark U.S. Supreme Court decision holding that under the Due Process Clause of the Constitution of the United States , the prosecution must turn over to a criminal defendant any significant evidence in its possession that suggests the defendant is not guilty ( exculpatory evidence ).
Main page; Contents; Current events; Random article; About Wikipedia; Contact us; Pages for logged out editors learn more