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Washington University in St. Louis

Brady v. Maryland 373 U.S. 83 (1963)

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Accuracy Where It Matters: Brady V. Maryland In The Plea Bargaining Context, Corinna Barrett Lain Jan 2002

Accuracy Where It Matters: Brady V. Maryland In The Plea Bargaining Context, Corinna Barrett Lain

Washington University Law Review

Decided in 1963, Brady v. Maryland imposes on prosecutors a duty to share with defendants information favorable to the defense and material to guilt or punishment. Under Brady and its progeny, prosecutors must disclose impeachment as well as exculpatory information, and are not excused from nondisclosure even if they never received a request for the information or were unaware that the government had it to give. In the analysis below, I argue that Brady’s role in protecting the innocent from wrongful conviction is just as essential in the plea bargaining context as it is at trial, and that therefore ...


Prosecutorial Duty To Disclose Unrequested Impeachment Evidence: The Fifth Circuit's Approach, D. Jeanne Knowles Jan 1983

Prosecutorial Duty To Disclose Unrequested Impeachment Evidence: The Fifth Circuit's Approach, D. Jeanne Knowles

Washington University Law Review

No abstract provided.