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Revisiting Prosecutorial Disclosure, Alafair S. Burke Apr 2009

Revisiting Prosecutorial Disclosure, Alafair S. Burke

Indiana Law Journal

After the exoneration of more than 200 people based on post-conviction DNA evidence, a growing movement against wrongful convictions has called increased attention to the prosecutorial suppression of material exculpatory evidence. Commentators frequently study prosecutorial failures to disclose as a form of intentional misconduct, coloring both the description of the problem and the recommended solutions. This Article, in contrast, explores how even ethical prosecutors might fail to disclose exculpatory evidence because off laws in the Brady doctrine itself-specifically, the Court's limitation of the doctrine to "material" exculpatory evidence. The materiality standard amplifies cognitive biases that distort even an ethical prosecutor's …


Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien Jul 2003

Reconcilable Differences: The Supreme Court Should Allow The Marriage Of Brady And Plea Bargaining, Andrew P. O'Brien

Indiana Law Journal

No abstract provided.


"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann Oct 2001

"Be Careful What You Ask For": The 2000 Presidential Election, The U.S. Supreme Court, And The Law Of Criminal Procedure, Craig M. Bradley, Joseph L. Hoffmann

Indiana Law Journal

No abstract provided.


A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya Jul 1995

A Theory Of Compulsory Process Clause Discovery Rights, Jean Montoya

Indiana Law Journal

No abstract provided.


Reforming The Criminal Trial, Craig M. Bradley Jul 1993

Reforming The Criminal Trial, Craig M. Bradley

Indiana Law Journal

No abstract provided.


Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis Oct 1980

Criminal Trials In Absentia: A Proposed Reform For Indiana, Myra L. Willis

Indiana Law Journal

No abstract provided.


Pretrial Diversion From The Criminal Process: Some Constitutional Considerations, Kenneth W. Macke Jul 1975

Pretrial Diversion From The Criminal Process: Some Constitutional Considerations, Kenneth W. Macke

Indiana Law Journal

No abstract provided.


Some Observations On Waiver In Indiana Criminal Appeals: The Substantial Re-Adoption Of Rule 1-14b In Trial Rule 59, Francis X. Mccloskey Jan 1970

Some Observations On Waiver In Indiana Criminal Appeals: The Substantial Re-Adoption Of Rule 1-14b In Trial Rule 59, Francis X. Mccloskey

Indiana Law Journal

No abstract provided.


The 'Right' To Observe Trials-Its Source And Vindication Apr 1956

The 'Right' To Observe Trials-Its Source And Vindication

Indiana Law Journal

No abstract provided.


Effective Criminal Administration Under The Accusatorial System Oct 1949

Effective Criminal Administration Under The Accusatorial System

Indiana Law Journal

Recent Cases: Constitutional Law