Law Commons^™

Brady Reconstructed: An Overdue Expansion Of Rights And Remedies, Leonard Sosnov

Leonard N Sosnov

Over fifty years ago, the Supreme Court held in Brady v Maryland, 373 U.S. 83 (1963), that the Due Process Clause requires prosecutors to disclose materially favorable evidence to the defense. The Brady Court emphasized the need to treat all defendants fairly and to provide each accused with a meaningful opportunity to present a defense. While Brady held great promise for defendants to receive fundamentally fair access to evidence, the subsequent decisions of the Court have fallen short of meeting this promise.

Since Brady, the Court has limited the disclosure obligation by failing to separately determine rights and remedies. Additionally, …

Innocent And Found Guilty: In An Imperfect Justice System, Responsiveness And Disclosure Can Help Prevent Wrongful Convictions, Leonard N. Sosnov

Leonard N Sosnov

No abstract provided.

Pennsylvania Criminal Procedure: Law, Commentary And Forms, Leonard Sosnov, David Rudovsky

Leonard N Sosnov

No abstract provided.

Due Process Limits On Sentencing Power: A Critique Of Pennsylvania's Imposition Of A Recidivist Mandatory Sentence Without A Prior Conviction, Leonard N. Sosnov

Leonard N Sosnov

Pennsylvania has an Accelerated Rehabilitative Disposition (ARD) program which provides for pretrial diversion for accepted defendants. In exchange for avoiding the risk of conviction, the defendant agrees to supervision or treatment for a specified period of time. Successful completion can lead to dismissal of the charges, while a violation may result in reinstatement of the charges and a criminal trial.

Pennsylvania, like most states, also has recidivist sentencing provisions for repeat offenders. It has chosen to include a prior ARD acceptance in its definition of a prior conviction for purposes of its mandatory sentence recidivist drunk driving laws. The article …

Criminal Procedure Rights Under The Pennsylvania Constitution: Examining The Present And Exploring The Future, Leonard N. Sosnov

Leonard N Sosnov

No abstract provided.

Pennsylvania Criminal Procedure: Forms And Commentary, Leonard Sosnov, David Rudovsky

Leonard N Sosnov

No abstract provided.