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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]
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 information known to any ...
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.
Victims who decide to report their assaults to law enforcement undergo medical examinations and are interviewed by police. If there is a criminal trial, victims suffer a loss of privacy, and their credibility may be challenged. Victims may also become the target of slut-shaming, abuse, social stigmatization, sexual slurs and cyberbullying.
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]
In the United States federal system, the prosecutor has wide latitude in determining when, who, how, and even whether to prosecute for apparent violations of federal criminal law. The prosecutor's broad discretion in such areas as initiating or forgoing prosecutions, selecting or recommending specific charges, and terminating prosecutions by ...
The prosecutor's right to demand discovery is not as broad as the defendant's, as it is limited by the defendant's Fifth Amendment protection against self-incrimination. [6] Once reciprocal discovery is invoked, information that a defendant must disclose upon a prosecutor's request typically includes: Witness lists, Exhibit lists,