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The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case. Exculpatory evidence is evidence that might exonerate the defendant. [3]
Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. [2] Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order.
Civil discovery under United States federal law is wide-ranging and can involve any material which is relevant to the case except information which is privileged, information which is the work product of the opposing party, or certain kinds of expert opinions. (Criminal discovery rules may differ from those discussed here.)
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [5] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case. Exculpatory evidence is evidence that might exonerate the defendant. [6]
A "discovery rule" applies in other cases (including medical malpractice), or a similar effect may be applied by tolling. According to U.S. district judge Sean J. McLaughlin, the discovery rule does not apply to mass media such as newspapers and the Internet; the statute of limitations begins to run at the date of publication. [14]
United States, [5] in which the Court established various rules for the availability and production of statements of prosecution witnesses in federal criminal trials. Clinton Jencks, born in Colorado Springs, Colorado in 1918, was a labor organizer in New Mexico.
Blockburger is the default rule, unless the legislatively intends to depart; for example, Continuing Criminal Enterprise (CCE) may be punished separately from its predicates, [104] as can conspiracy. [105] The Blockburger test, originally developed in the multiple punishments context, is also the test for prosecution after conviction. [106] In ...
In United States criminal procedure, the Federal government and certain states have reciprocal discovery laws that compel defendants to disclose some information to prosecutors before trial. [1] Within the federal court system, [ 2 ] this material is referred to as reverse Jencks Act material , after the United States Supreme Court case which ...