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In order to ensure compliance with Brady, the United States Supreme Court repeatedly urged the "careful prosecutor" to favor disclosure over concealment. [16] Conformity with Brady is a continuing obligation of prosecutors. Some prosecuting attorney offices have adopted and created specialized procedure and bureaus to meet their burden.
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 ...
[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 ...
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 ).
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(The Center Square) – Texas has filed a lawsuit against several large chemical companies alleging they manufacture toxic forever chemicals used in products marketed as safe for families. Texas ...
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]
A new bill headed for President Biden's desk will make life a little easier for approximately 2.8 million Americans on Social Security. The Senate passed the bipartisan Social Security Fairness ...