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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 ...
United States v. Williams, 504 U.S. 36 (1992), was a U.S. Supreme Court case concerning the presentation of exculpatory evidence to a grand jury.It ruled that the federal courts do not have the supervisory power to require prosecutors to present exculpatory evidence to the grand jury.
Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. [1]
In some instances however, the statute may be overridden by an accused's constitutional right to disclosure of exculpatory evidence. [9] [10] The Jencks Act governs production of statements and reports of prosecution witnesses during federal criminal trials.
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 ...
California is the latest state to charge the two "citizen journalists" in relation to their videos, announcing on Tuesday that the pair have been charged with 15 felonies, all relating to videos ...
Former President Donald Trump has once again asked a judge to throw out the classified documents case, arguing this time that investigators destroyed exculpatory evidence by rifling through boxes ...
California (1884), the Supreme Court held that the Grand Jury Clause was not incorporated to apply to the states by the Fourteenth Amendment. [20] If the grand jury right attaches, every element of the charged crime must be submitted to the grand jury. [21] Thus, the prosecution cannot augment the indictment without returning to a grand jury. [22]