Defendants' Rights to Exculpatory Evidence: Brady v. Maryland

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  • Опубліковано 24 гру 2024

КОМЕНТАРІ • 24

  • @jansdoe6963
    @jansdoe6963 4 роки тому +31

    The prosecutor has to turn over all materials that the prosecutor has or it is a violation of "Brady."

  • @FreeWorldKash
    @FreeWorldKash 3 роки тому +6

    I've been searching yt for hours looking for this information right here THANK YOU!

    • @LawShelf
      @LawShelf  3 роки тому +2

      Glad we could help!

  • @ShakurMaybin
    @ShakurMaybin 4 місяці тому +1

    Can the defendant himself get his own evidence from the prosecutor without a lawyer??

  • @kaprinabernice
    @kaprinabernice 3 роки тому +9

    Thank You, this was very clear and easy to understand.

  • @troyjansen2404
    @troyjansen2404 11 місяців тому +1

    Say a client demanded a speedy trial. The prosecutor asked that to be waived because the reports have just been done and they need to be picked up. Client waived his ST demand in order for them to get the evidence. The trial took place 9 months after that date and the prosecutor only then, 4 hours into trial, submitted that evidence and used it. A mistrial was asked for by defense after prosecution rested and was granted. 2 days after trial a disk with all rhe evidence came to defense office. Almost 1 year after mistrial, the defense found Brady evidence easily obtained on that disk that was known to the prosecutor. And that evidence would have fed directly into the defense that someone else could have and was doing the crime. Should the case be dismissed? A new trial date has been scheduled. Thank you for reading and any advice.

    • @ImRanchWilder
      @ImRanchWilder 5 місяців тому

      When is the new trial date? I wish him luck 🍀

  • @zakglove6536
    @zakglove6536 Рік тому +2

    Wow so Brady still got charged with murder. Great job American justice system.

  • @americanlegaldefense7789
    @americanlegaldefense7789 Рік тому +1

    5:15. In _Van de Kamp v. Goldstein,_ 555 U.S. 335 (2009) the Supreme Court sharply limited Section 1983 liability to individual prosecuting attorneys for Brady violations. Administrative tasks they ruled are not subject to judicial immunity, but prosecutorial ones are. The final statement thus is an over-generalization and is not entirely accurate.

    • @lexfahey7399
      @lexfahey7399 Рік тому +1

      What if they tampered with the evidence and I have proof of it

  • @Robotchef75
    @Robotchef75 Рік тому +2

    How quickly is the prosecution required to turn over exculpatory evidence? Do you have a source that I could use to show this?

  • @jansdoe6963
    @jansdoe6963 4 роки тому +2

    This an excellent piece.

  • @doesthisfacemakemelooklike535
    @doesthisfacemakemelooklike535 Рік тому +1

    the Brady rule is broken all day everyday in courts........knowing this is very important.....thanks! also see kyles v whitley united states v bagley

    • @LawShelf
      @LawShelf  Рік тому +1

      Unfortunately, it does happen.

    • @mlpdunaway
      @mlpdunaway 4 місяці тому

      Agreed. Prosecutors withhold evidence and lie in court bc they get automatic immunity. Prosecutors are not held accountable for their crimes. This law needs to be changed. There is no justice in the Justice department.

  • @amandathomas.AK1K
    @amandathomas.AK1K Рік тому +3

    ❤ extremely helpful, thanks so much

  • @paminamas234
    @paminamas234 Рік тому +1

    What does exculpatory mean in law?
    In criminal law, exculpatory evidence is evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. In other words, the evidence is favorable to the defendant.

  • @shayclemonstv
    @shayclemonstv 2 роки тому

    excellent post

    • @LawShelf
      @LawShelf  2 роки тому

      Glad you enjoyed it