Tuesday, January 14, 2014
Complying with Brady, from the prosecutor's perspective
There has been a lot of discussion of prosecutorial misconduct (here and elsewhere) during the past few years and most of it relates to prosecutors' failing to disclose evidence as required by Brady v. Maryland. And, as readers of this blog know, I have been extremely critical of prosecutors who violate their duties and of judges to let them get away with it. But we have not heard much from the prosecutors' perspective; so I was glad to see Prosecutor's Discretion, a prosecutor's blog I like to follow, post a comment on that. In it he describes how sometimes the issue is not so clear cut. Sometimes, there are multiple issues to consider and the choices the prosecutor has to make are not as easy as they might seem. You can read the comment here.