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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.
The Jencks Act is constitutional as an exercise of congressional power to prescribe rules of procedure for the federal courts. [8] In some instances however, the statute may be overridden by an accused's constitutional right to disclosure of exculpatory evidence. [9] [10]
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]
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]
The size of the grand jury and the number of grand jurors required to issue an indictment varies among the states and even, at times, within a single state. [19] A supermajority of jurors, such as two-third or three-fourths, is usually needed to recommend an indictment or criminal charge. [6]
“The defendants’ goal, the indictment charges, was to ignite a race war,” a prosecutor said in a Monday news conference. California woman solicited assassinations of U.S. officials, federal ...
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...