CAAFlog
  • Home
  • About
    • CAAFlog 2.0
  • Masthead
  • Contact / Submit Guest Post
  • NIMJ.org

CAAFlog

An "Epidemic" of Brady violations across the land?

7/22/2020

1 Comment

 
Take this anonymous poll and give us your perspective.

Brenner Fissell

EIC

1 Comment
Don Rehkopf
7/24/2020 10:23:21 am

May I respectfully suggest a slight modification to your poll? As I've discussed elsewhere, Brady violations generally come in two forms:

1) Intentional, i.e., where the Brady material is intentionally not provided because of, inter alia, a "win at any cost" mentality, i.e., classic prosecutorial misconduct; and

2) Negligent violations, i.e., where prosecutors either do not understand their ethical, constitutional, or legal obligations or do not understand the definitional parameters of Brady, e.g., that it is "favorable" evidence, not "exculpatory."

The second is probably the more prevalent in the military, but in reality, by virtue of Art. 46, UCMJ, absent a bona fide privilege issue, there should be few, if any, Brady violations in the military. Thanks.

Reply

Your comment will be posted after it is approved.


Leave a Reply.

    Picture
    Home
    About
    Masthead
    Contact/Submit Post
    CAAFlog 1.0 Archive 


    ​Links

    CAAF
    -Daily Journal
    -Current Term Opinions
    ACCA
    AFCCA
    CGCCA
    NMCCA
    Joint R. App. Pro.
    Global MJ Reform
    LOC Mil. Law Resources

    Archives

    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020

The views expressed on this website are expressed in the authors' personal capacities.
Proudly powered by Weebly
  • Home
  • About
    • CAAFlog 2.0
  • Masthead
  • Contact / Submit Guest Post
  • NIMJ.org