An "Epidemic" of Brady violations across the land?

7/22/2020

Take this anonymous poll and give us your perspective.

Brenner Fissell

EIC

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.

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An "Epidemic" of Brady violations across the land?

Brenner Fissell

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