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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).
Evidence-based prosecution (sometimes termed "victimless prosecution") refers to a collection of techniques utilized by prosecutors in domestic violence cases to convict abusers without the cooperation of an alleged victim. It is widely practiced within the American legal system by specialized prosecutors and state's attorneys and relies on ...
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 ...
Prosecutors control the criminal justice system. They don’t determine the outcomes — juries do that — but they decide within budgetary constraints which crimes should be prosecuted in the ...
The state has approved a payment for $120,000 in legal bills for a prosecutor cleared in the 2022 Ethics Commission probe surrounding the arrest of a local judge’s daughter, but has declined to ...
Hughes Anderson Bagley was indicted on 15 counts of violating federal narcotic and firearm statutes in the Western District of Washington in October 1977. In preparation for trial, to be held in December, Bagley's counsel filed a discovery motion that requested information on the witnesses the prosecution intended to call, their criminal records, and any promises made to them in exchange for ...