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In order to ensure compliance with Brady, the United States Supreme Court repeatedly urged the "careful prosecutor" to favor disclosure over concealment. [16] Conformity with Brady is a continuing obligation of prosecutors. Some prosecuting attorney offices have adopted and created specialized procedure and bureaus to meet their burden.
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 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 ...
A false accusation of rape is the intentional reporting of a rape where no rape has occurred. It is difficult to assess the prevalence of false accusations because they are often conflated with non-prosecuted cases under the designation "unfounded".
Single-sex nursing schools and the Equal Protection Clause: New York v. Ferber: 458 U.S. 747 (1982) States may ban sexual images of minors even where material does not meet existing tests of obscenity: Enmund v. Florida: 458 U.S. 782 (1982) Felony murder and the death penalty United States v. Valenzuela-Bernal: 458 U.S. 858 (1982)
The Court held that Kyles should be granted a new trial. The Court noted Brady v.Maryland (1963), which held that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.
[38] [39] Disclosure of material may be required because of the Brady doctrine. Material may not be excluded from production because it is claimed that it is the "work product" of government lawyers. [40] In a related manner, the production of a final report does not exclude the production of preliminary drafts. [41]
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 ).
Riggins appealed to the Nevada Supreme Court on the grounds that forced administration of Mellaril denied him the ability to assist in his own defense and gave a false impression of his attitude, appearance, and demeanor at trial. [1]