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Perspective

Apr. 6, 2012

Brady: What’s gone wrong, and how to fix it

It's not always intentional when prosecutors violate their discovery obligations, sometimes they simply fail to do the job right. By Edward W. Swanson of Swanson, McNamara & Haller LLP


By Edward W. Swanson


With the recent release of the Schuelke Report on the systematic concealment of exculpatory evidence by federal prosecutors in the case against Sen. Ted Stevens, the issue of Brady evidence is again in the news. But the failure of prosecutors to turn over Brady material - evidence favorable to a criminal defendant that is material to guilt or punishment - is not a new phenomenon. It's a problem defendants and their lawyers h...

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