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Greene, "Thus the term 'Brady violation' is sometimes used to refer to any breach of the broad obligation to disclose exculpatory evidence – that is, to any suppression of so-called 'Brady material' – although strictly speaking, there is never a real 'Brady violation' unless the nondisclosure was so serious that there is a reasonable ...
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 Brady Handgun Violence Prevention Act (Pub.L. 103–159, 107 Stat. 1536, enacted November 30, 1993), often referred to as the Brady Act, the Brady Bill or the Brady Handgun Bill, is an Act of the United States Congress that mandated federal background checks on firearm purchasers in the United States.
The law requires police agencies to provide all the evidence they gather. When that doesn’t happen, it creates a potential Brady violation, which occurs when a prosecutor fails to provide a ...
Under Florida law, prosecutors are required to disclose any information that may be favorable to the defense. The discovery of Brady violations, in some cases, have even led to overturned convictions.
It is incumbent upon the defense to file a motion with the court that it believes that the failure of the prosecution to produce the document is a violation of the Jencks Act. [105] [106] If the interests of justice require such, the trial is properly called a mistrial. [13] [104]
Under Florida law, prosecutors are required to disclose any information that may be favorable to the defense. The discovery of Brady violations, in some cases, have even led to overturned convictions.
Thompson, 563 U.S. 51 (2011), is a United States Supreme Court case in which the Court considered whether a prosecutor's office can be held liable for a single Brady violation by one of its members on the theory that the office provided inadequate training.