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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]
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 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]
In United States v. Williams (1992), where the Court rejected a rule that would have required "substantial exculpatory evidence" to be presented to the grand jury, the defendant did not even argue a Fifth Amendment violation. [27] The lack of a grand jury does not deprive the court of jurisdiction, and the defendant may waive the grand jury ...
In Brady v. Maryland, the Supreme Court held that the prosecution must disclose all exculpatory evidence to the defense. The only requirements being that the evidence is favorable to the defendant and material. [1]: 4 Thirteen years later, the Supreme Court defined what it meant for evidence to be material in a case called United States v.
A four-count federal indictment accuses the former president of conspiring to overturn election results
A federal jury in Nevada has awarded more than $34 million to a woman who was arrested at age 18, wrongly convicted twice, and served nearly 16 years in a Nevada state prison for a 2001 killing ...
[21] [22] [23] The Brady rule may require the prosecutor to disclose grand jury testimony prior to trial, if the information is exculpatory, as well as other Brady material. [24] In United States v. Anderson, [25] when Brady material is contained within Jencks Act material disclosure is generally timely if the government complies with the ...