By Nina Marino
In Brady v. Maryland (1963) 373 U.S. 83, the Supreme Court held that exculpatory evidence, or evidence favorable to an accused in a criminal case and, material to guilt or punishment, must be disclosed by the prosecution to the defense. Failure to disclose constitutes a violation of due process. In 1963, this decision theoretically sought to place an affirmative duty on the government to promote fairness in prosecution. However, the reality differs f...
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