Whether you are a public official, a private citizen or a Guantanamo Bay detainee, the prosecution, indeed the United States government, must produce exculpatory
evidence so that justice shall be done.
The researchers concluded that a weak defense; a weak case presented by the prosecution; and the failure to recognize and disclose exculpatory
evidence many times work in conjunction with each other.
First, the Chambers stopped the Office of the Prosecutor ("OTP") from sua sponte determining how to disclose exculpatory
confidential information and insisted that the judges, not the OTP, undertake such a determination.
138) A "zealous advocate" type of prosecutor will believe the defendant is guilty and may easily find exculpatory
evidence to be immaterial, or even overlook it entirely.
So, that's absolutely going forward for me, an area that I will focus on and I think that it's important for defense practitioners generally to insist that the government review their own electronic communications for exculpatory
Crucial documents such as legal filings and discovery of incriminatory and exculpatory
materials are often left untranslated in the ICC and the ad hoc and hybrid tribunals.
Why is the exculpatory
clause incompatible with the principles of ethical research?
Part III discusses the use of a Brady instruction as an appropriate sanction for the government's intentional suppression of material exculpatory
and impeachment evidence.
Because an exculpatory
liability is not secured by a specific asset or assets, any settlement of an exculpatory
liability for less than the tax amount should produce at least some COD income pursuant to Regs.
It should have shocked the consciences of conservatives when various government prosecutors withheld exculpatory
, or opposed allowing DNA-tested, evidence in death row cases.
Recent reports have cited the case of the African-American woman, Betty Tyson, who spent 25 years in prison for murder before her conviction was overturned, in 1998, after it was discovered that exculpatory
evidence was suppressed by prosecutors during her trial.
From the beginning, the Georgian judiciary, which has been repeatedly and roundly criticized by NATO and numerous NGOs for its lack of judicial independence from the Executive, has ignored constitutionally and statutorily mandated time limits, allowed the introduction of fabricated evidence, taken no action against the government's admitted destruction of exculpatory
evidence, and permitted the admission of testimony from witnesses who never appeared," said Mr.