Constitutional Law,
Criminal
Jan. 30, 2017
Brady disclosures
Learn about the prosecution's duty under Brady, limitations on the duty, what constitutes favorable and material evidence, and how the Brady duty intersects with the right to discovery under Pitchess.
Under the 14th Amendment to the U.S. Constitution, the prosecution must disclose to the defense evidence favorable and material to the accused either to guilt or punishment (i.e., exculpatory evidence). Brady v. Maryland, 373 U.S. 83 (1963). Bench officers and attorneys handling criminal cases must be familiar with this important area of law.
The objective of this article and self-study test is to review Brady disclosures required by the Constitution. Readers will l...
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