They Don't Teach You That in Law School - Brady v Maryland: Exculpatory Evidence

Lawyer Talk: Off the Record

In our latest podcast episode, we get into the legal ethics and the often-overlooked responsibilities of prosecutors in disclosing exculpatory evidence. This evidence can be pivotal in ensuring a fair trial and just outcomes.

The discussion kicks off with an overview of the landmark case Brady v Maryland, which established the prosecutor's duty to disclose any evidence that might exonerate the defendant. This duty, however, is not always straightforward.

Prosecutors must not only disclose the evidence they have but also actively seek out any exculpatory information that might be in the possession of the police or other government entities. This affirmative duty is crucial in maintaining the integrity of the legal process.

We then move on to real-life examples. The case highlights the dire consequences when prosecutors fail to disclose exculpatory evidence. The discussion reveals that the prosecutor's duty extends beyond their own files and includes any information the State might possess. This often leads to tension and challenges in the courtroom, especially when such evidence is discovered late in the trial process.

One of the most intriguing parts of the episode is the exploration of Conviction Integrity Units (CIUs). These units, which exist in only a handful of counties, are designed to review cases and ensure that justice is served. These units are like internal affairs departments within the prosecutor's office, tasked with scrutinizing past convictions for potential errors or misconduct.

The episode discusses how CIUs can uncover crucial evidence that was previously overlooked or withheld, potentially leading to exonerations and the correction of wrongful convictions.

Prosecutors, defense attorneys, judges, and police officers are all prone to mistakes. The adversarial nature of the legal system is designed to bring these mistakes to light, but it requires diligence and integrity from all parties involved. The episode concludes with a call for more widespread adoption of CIUs and other measures to ensure that justice is not only pursued but achieved.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

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