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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 ...
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 Victims' Code has been revised several times with the latest edition being 2024 [128] This defines the minimum rights that must be safeguarded for all victims during the criminal process including prosecution, courts and post-release. Apart from statutory victims services, the UK has a strong civil society sector supporting victims.
The prosecutor, or district attorney, is a lawyer who brings charges against a person, persons or corporate entity. It is the prosecutor's duty to explain to the court what crime was committed and to detail what evidence has been found which incriminates the accused. The prosecutor should not be confused with a plaintiff or plaintiff's counsel ...
Prosecutor Chief Prosecutor Robert H. Jackson (on the pulpit) at the Nuremberg Trials Occupation Occupation type Profession Activity sectors Law, law enforcement Description Competencies Advocacy skills, analytical mind, sense of justice Education required Typically required to be authorised to practice law in the jurisdiction, law degree, in some cases a traineeship. Fields of employment ...
The prosecutor may decide not to prosecute a case that has the characteristics of a criminal case, and instead to dismiss the charges . [13] However, this does not prevent the initial suspect—and the victim who filed the complaint—from being registered in the System for Processing Recorded Offenses (STIC). [citation needed]
Three months later, Agurs' attorney filed a motion for a new trial, alleging that (1) Sewell had a criminal record that tended to prove he was a violent person, (2) that the prosecution had failed to disclose Sewell's record to Agurs' counsel, and (3) Sewell's record was admissible even if Agurs did not know about his history. [1]