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Know The Prosecution's Brady Disclosure Obligations

Law360, New York (November 2, 2012, 4:58 PM EDT) -- Under the U.S. Supreme Court’s landmark decision in Brady v. Maryland, 373 U.S. 83 (1963), the government has a legal obligation to turn over evidence in the government’s possession that is favorable to a criminal defendant. Evidence that is either exculpatory or impeaching must be produced under Brady and its progeny.

The U.S. Department of Justice has acknowledged that its prosecutors must determine whether other agencies’ investigative files contain Brady evidence that must be produced to the defense.

In his Jan. 4, 2010, Memorandum for Department Prosecutors, Deputy Attorney General David W. Ogden advised prosecutors that “in complex cases that involve...

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