Discovery & Disclosure Obligations Flashcards
what is a prosecutor required to disclose (by statute)
- any statement by ∆
- ∆’s prior criminal record
- expert witnesses
- results of exams
- the records
- other tangible stuff that gov wants to bring in
what does the jencks act do
requires disclosure of prior statements by government’s trial witnesses
what is a prosecutor required to disclose (constitution)
any exculpatory info that is material
what happens if prosecutor doesn’t disclose Brady material
new trial
what is the test for exculpatory info
Brady test: the withheld info must have been
1. exculpatory info
2. that is material
what is exculpatory under brady
stuff that
-directly exonerates ∆
-could help impeach government witness
is the prosecutor accountable for cops withholding Brady info?
yes
is bad faith required for Brady material?
no
can ∆ waive right to Brady material as condition to plea offer
yes
what does exculpatory mean under Brady test
evidence that tends to show ∆ didn’t do it, or shows government witness’s lack of credibility
what does material mean under Brady test
material that, had it been disclosed, there’s a reasonable probability that it would’ve made a difference
what is the rationale for requiring defense to disclose
- don’t want prosecutor to waste time and resources
- accuracy
- forthright disclosure for witnesses so they can get ready
- encourage both sides to settle
what is defense required to disclose
- documents or objects that ∆ plans to offer at trial
- reports of tests by ∆ that ∆ will offer
can states require other disclosures like notice of alibi
yes
can courts impose sanction of witness exclusion if defense dicks around and hasn’t disclosed witnesses when requried
yes
