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Greene, "Thus the term 'Brady violation' is sometimes used to refer to any breach of the broad obligation to disclose exculpatory evidence – that is, to any suppression of so-called 'Brady material' – although strictly speaking, there is never a real 'Brady violation' unless the nondisclosure was so serious that there is a reasonable ...
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 Brady Handgun Violence Prevention Act (Pub.L. 103–159, 107 Stat. 1536, enacted November 30, 1993), often referred to as the Brady Act, the Brady Bill or the Brady Handgun Bill, is an Act of the United States Congress that mandated federal background checks on firearm purchasers in the United States.
Under Florida law, prosecutors are required to disclose any information that may be favorable to the defense. The discovery of Brady violations, in some cases, have even led to overturned convictions.
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 ...
Under the 1963 U.S. Supreme Court decision Brady vs. Maryland, prosecutors are required to turn over any evidence favorable to a defendant, including evidence of police misconduct.
It is incumbent upon the defense to file a motion with the court that it believes that the failure of the prosecution to produce the document is a violation of the Jencks Act. [105] [106] If the interests of justice require such, the trial is properly called a mistrial. [13] [104]
Under his tenure, several high-profile cases involving law enforcement — including the 2018 trial of former Chicago police Officer Jason Van Dyke, who was convicted of fatally shooting 17-year ...