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Duty to Disclose
Duty to Disclose
Competencies Addressed in This Discussion
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Order Paper NowCompetency 1: Articulate how the rules of criminal procedure apply to a criminal justice practitioner.
Competency 3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.
Introduction
In Brady v. Maryland (1963), the U.S. Supreme Court held that due process is violated when the prosecution suppresses evidence favorable to an accused upon request where the evidence is material either to guilt or to punishment. The Brady Rule on Disclosure of Evidence to the Accused purports that the prosecutor has a duty to disclose evidence favorable to a defendant. Many cases have since been decided that provide additional insight and clarification to this rule, such as United States v. Agurs (1976), United States v. Bagley (1985), Kyles v. Whitley (1995), and Strickler v. Greene (1999).
Instructions
In your main post:
Analyze the Brady rule in the context of the Court’s rationale for this decision from a criminal justice practitioner standpoint.
Explain how the Court interpreted and refined the Brady rule in one of its subsequent cases— United States v. Agurs, United States v. Bagley, Kyles v. Whitley, or Strickler v. Greene.
Explore how the Court’s interpretation in your selected case, following Brady, impacts the application of the rule.
Discussion Objectives
The competencies addressed in this discussion are supported by discussion objectives, as follows:
Competency 1: Articulate how the rules of criminal procedure apply to a criminal justice practitioner.
Explain how the Supreme Court interpreted and refined the rule in Brady v. Maryland in subsequent cases.
Explore how the Supreme Court’s post- Brady interpretation of the rule impacts its application.
Competency 3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.
Analyze Brady v. Maryland and the Court’s rationale for its decision.Please type my questions out and then put answers under the questions. Instructor wants to see that the question is being answered.
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