Title: Prosecutor Withholding Evidence from Defense in Federal Criminal Case - Dallas Justice Blog
Headings: Prosecutor Withholding Evidence from Defense in Federal Criminal Case
Prosecutor Withholding Evidence from Defense in Federal Criminal Case
Prosecutorial Duty to Turn Over Evidence to the Defense
John Wiley Price Trial: Prosecutors Hold Back Evidence
SCOTUS: Constitutional Requirements to Share Evidence with the Defense
State of Texas Requirements to Share Evidence with the Defense
Federal U.S. Attorney Requirements to Share Evidence with the Defense
1. Federal Prosecutors and the Brady Rule
2. Prosecutors Do Not Have to Open File to Defense
3. Disclosure Duties under the Federal Rules of Criminal Procedure
4. Prosecutors Have Duty to Seek Out Exculpatory and Impeachment Evidence
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Content: Federal Prosecutors and the Brady Rule
As discussed above, there is the “Brady Rule” originated out of SCOTUS precedent. Here, the prosecutor must turn over materially exculpatory evidence to the defense. And this must happen in a timely manner. This is anything that might be helpful to the defendant and favor his side. For instance, it could help toward proving his innocence (“exculpatory evidence”), or it might reflect on the credibility of a witness called by the government in its case (“impeachment evidence”). It can also be evidence that a witness was compensated by the government in some way, including promises of leniency. If the prosecution holds this evidence from the defense, the evidence can be suppressed. It will not matter if the prosecution made a mistake in failing to turn it over. The good faith of the U.S. Attorney’s Office isn’t material here. It doesn’t matter if the police had the stuff and not the prosecutor’s office.