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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]
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 information known to any member of its team, e.g., police, investigators, crime labs, et cetera. In Brady v.
The digital environment poses challenges to traditional legal protections for journalists' sources. While protective laws and/or a reporter's commitment shielded the identity of sources in the analogue past, in the age of digital reporting, mass surveillance, mandatory data retention, and disclosure by third party intermediaries, this traditional shield can be penetrated.
At any time, police may approach a person and ask questions. Police may suspect involvement in a crime, but may lack knowledge of any "specific and articulable facts" [9] that would justify a detention or arrest, and hope to obtain these facts from the questioning. The person approached is not required to identify themselves or answer any other ...
Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement. The nine exemptions are as follows: Exemption 1: Information that is classified to protect national security.
An information is a formal criminal charge which, depending upon the jurisdiction, either begins or continues a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment , with which it has always coexisted.
Key disclosure laws, also known as mandatory key disclosure, is legislation that requires individuals to surrender cryptographic keys to law enforcement. The purpose is to allow access to material for confiscation or digital forensics purposes and use it either as evidence in a court of law or to enforce national security interests.
Relevancy' requires police to disclose only pertinent information regarding the person about whom information is sought; 'necessity' requires disclosure only when there is a clear 'social need' for it; and 'proportionality' requires that the person about whom information is sought is informed or otherwise engaged in the process, if possible. [22]