Criminal,
Constitutional Law
Dec. 15, 2020
Due Process Protections Act: An opportunity to fulfill Brady's promise
Why, you might ask, has Congress taken the extraordinary step of passing a law to “remind” federal prosecutors of constitutional obligations none could forget?
For criminal defense lawyers, it’s an all too familiar experience: you request that the prosecutor turn over any evidence in the government’s possession that is exculpatory or material to the defense, as required by Brady v. Maryland, 373 U.S. 83 (1963). In response, the prosecutor states only that she’s aware of, and has complied fully with, her obligations. She offers no examples, no elaboration, no explanations. Neither you nor the court...
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