New Criminal Rule 5(f) Firms Up Prosecutor Brady Obligations

By Lily Becker and Amy Walsh (January 27, 2021, 4:05 PM EST) -- Lost amid a heated presidential election and the greatest public health crisis in more than a century is the news that Congress took a critical step at the end of 2020 to strengthen the rights of criminal defendants by seeking to ensure that prosecutors honor their ethical and constitutional obligations from the outset of every criminal case.

Prosecutors wield enormous power in the American criminal justice system, and with that power comes commensurate ethical and constitutional obligations. One of the most fundamental of these obligations is the government's duty to disclose to the defense all evidence favoring the accused.

While many...

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