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Posts tagged "Brady v. Maryland"

Does the Prosecution Have to Disclose Evidence Favorable to My Defense?

Over fifty years ago, in the case of Brady v. Maryland, the United States Supreme Court held that evidence which tends to negate guilt or mitigate (lessen) the sentence of an accused must be disclosed to him prior to trial. Unfortunately, time and again this evidence is not disclosed as it should be. The problem arises because it is the prosecutor who decides whether such evidence should be disclosed. Courts become involved only when a motion is filed by the defense. Often counsel for the defendant will be unaware that exculpatory evidence exists.

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