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The prosecutor must disclose exculpatory evidence known only to the police. That is, the prosecutor has a duty to reach out to the police and establish regular procedures by which the police inform the prosecutor's office of anything that tends to prove the innocence of the defendant. [6]
In some countries such as Germany, the prosecutor has to actively search for both exculpatory and inculpatory circumstances and evidence before filing of action. [3] 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 ...
Evidence-based prosecution (sometimes termed "victimless prosecution") refers to a collection of techniques utilized by prosecutors in domestic violence cases to convict abusers without the cooperation of an alleged victim. It is widely practiced within the American legal system by specialized prosecutors and state's attorneys and relies on ...
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 Independent has now seen the criminal complaint detailing the full extent of the horrific ... is urged to contact the Cape May County Prosecutor’s Office Special Victims Unit at 609-465-1135
Michelle Mack, who began her five-year prison sentence on Jan. 9 following her arrest outside of San Diego in December 2023, was ordered to pay $3 million in restitution to Ulta, Sephora and a ...
A prosecutor's failure to provide defense counsel with background information that tends to support the argument that the defendant acted in self-defense does not deprive a defendant of their right to a fair trial under the Fifth Amendment. Court membership; Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Potter Stewart
Of course, it is the prosecutor’s duty to exclude them. My heresy notwithstanding, it is indeed the defense lawyer’s righteous obligation to identify those nullifiers and try to seat them ...