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Some state systems have expansively defined Brady material to include many other items, including for example any documents which might reflect negatively on a witness's credibility. [ 12 ] Police officers who have been dishonest are sometimes referred to as "Brady cops."
If the witness were one that the party was required by law to call as a witness. If the witness surprised the party who called him by giving damaging testimony against that party. The rule has been eliminated in many jurisdictions. Under the US Federal Rules of Evidence, Rule 607 permits any party to attack the credibility of any witness. [1]
In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". [1]The Innocence Project states that "Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing."
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).
The Florida Supreme Court ruled Thursday that Florida police officers and any other crime victims can’t shield their identity behind Marsy’s Law, the 2018 constitutional amendment meant to ...
Several factors affect witnesses' credibility. Generally, witnesses are perceived as more credible when they are perceived as more accurate and less suggestible. [15] [16] At common law, the term could be used in relation to the giving of testimony, or for the witnessing of documents. [17] In modern English law, a credible witness is one who is ...
The Florida Supreme Court issued an opinion November 30 saying Marsy's Law does not grant police officers anonymity when they use deadly force.
Composite drawings made from photographs are not producible. Photographs, if they relate to a witness' statement must be produced. [43] [44] Notes taken by a prosecutor or a law enforcement officer pertaining to an interview with a potential government witness may be subject to production under the Jencks Act if the witness testifies at trial ...