The Brady rule restrains executive discretion in discovery for exculpatory evidence
but not for apparently inculpatory evidence that might be relevant and helpful to the defense at trial.
87) But since relevance is assessed by the police, potentially exculpatory evidence
may be omitted from the file because the investigating authorities may not be able to appreciate the value it may have to the defense.
Maryland, which required prosecutors to provide the defense with any exculpatory evidence
that could materially affect a verdict or sentence.
being known to the police or having a mug shot), the expert panel involved in the study noted that this may bias police and prosecutors into prematurely narrowing the focus and ignoring potentially exculpatory evidence
88) The defendant would then face the difficult task of establishing that his counsel was ineffective, either because counsel performed insufficient investigation or because counsel did not utilize the exculpatory evidence
in the prosecutor's open file.
Lately he has been hit by scandal after scandal--from fundraising quirks, to patronage positions in his office, to an Orthodox prosecutor in one of those patronage positions making appointments with hookers from his office phone, to an allegedly corrupt prosecutor who has been castigated by judges for withholding exculpatory evidence
A similar example of weak oversight involves what's known as "Brady material," which refers to exculpatory evidence
that prosecutors are required to show defendants.
This paper argues that the Alaska and United States Constitutions guarantee a criminal defendant the right to introduce exculpatory evidence
, and therefore a defendant cannot be prevented by statute from presenting a defense based on the margin of error.
Ruto's trial had been due to begin on May 28, but his lawyers say that late disclosure of potentially exculpatory evidence
by the prosecutor had made it impossible for them to prepare his defence in time.
Part II provides an analysis of how the Court dealt with the issue of disclosure of exculpatory evidence
, and Part III shows the Court's decision on the issue of intermediaries.
34) The court implied that its narrower interpretation of "new" might not be equitable where the underlying constitutional claim is ineffective assistance of counsel for failure to raise exculpatory evidence
, but nevertheless concluded that it was bound by Eighth Circuit precedent.