What does the Brady rule say? How has the Brady rule been broadened or narrowed by subsequent Court decisions? State the current rule
What will be an ideal response?
The Brady rule says a prosecutor has a duty to disclose evidence favorable to a
defendant. It has been broadened and narrowed by several cases. United States v.
Agurs (1976) limited the defendant's right to discovery procedure. United States v.
Bagley (1985) required the defendant to show that there is reasonable probability
that had the evidence been disclosed to the defense, the result of the proceeding
would have been different. Kyles v. Whitley (1995) affirmed the Bagley holding of
a reasonable probability that the disclosure of the state-suppressed evidence would
have produced a different result at trial. Strickler v. Greene (1999) limited the rule
by requiring that the evidence be material to the issue of guilt or innocence. The
current rule states that if the circumstances surrounding the nondisclosure raises a
"reasonable probability " that the disclosure would have made a difference in the
trial's result, the defendant's due process right has been violated and the conviction
must be reversed.
You might also like to view...
Crimes of the state are vigorously prosecuted by the United States government
Indicate whether the statement is true or false
Social learning theorists argue that people are not born with the ability to act violently
a. True b. False Indicate whether the statement is true or false
NIBIN makes the final determination about whether two bullets were fired by the same gun
Indicate whether the statement is true or false.
According to the National Incident-Based Reporting System (NIBRS), the most common sex of an offender for an incident of a sex crime is ______.
a. female b. male c. both female and male equally offend d. unknown