Monday, August 18, 2008

The Legal Eagles Legal Brief: The Case Of The Suppression Of Evidence

The following excerpt comes from, “The Innocent Man” By: John Grisham. It discusses the law regarding suppression of evidence by the prosecution during legal proceedings.

“In a famous 1963 decision, Brady v. Maryland, the U.S. Supreme Court held that ‘the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.’

Investigators all have resources. Frequently, they uncover witnesses or other evidence favorable to a suspect or defendant. For decades they could simply ignore this exculpatory evidence and proceed with a prosecution. Brady leveled the field and instantly became ingrained in criminal procedure. A Brady request is one of many routine motions a criminal defense lawyer files early in the case. A Brady motion. A Brady hearing. Brady material. ‘I nailed him on Brady.’ The case worked its way into the vernacular of criminal law practice.” -From, “The Innocent Man” By: John Grisham

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