CRIM 424 Lecture Notes - Lecture 15: Brady Disclosure, Exclusionary Rule, Isola Del Giglio
28 Nov 2018
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Document Summary
Role of the constitution when trial is getting close. For purposes of limiting surprises: tied to due process. It must be fair: taken this concept and brought it into what the government must do prior to the constitution, enable defendant to prepare the defense. Discovery obligations: statutorily, some on the defendant and many on the government, many beyond what constitution requires, constitutionally, these are all on the government. Burden on the defense: statutorily: alibi defense they were somewhere else, must provide notice prior to trial to the government and it"s intention, government needs to deal with the alibi defense. Burden falls on the government: statutorily: provide the court with the criminal history, design so the attorney can consider things like where the vulnerabilities are. Focus on constitutionally: these are all on the government: brady material prosecuting brady for robber/murder (brady v. md, where it established the constitutional requirement, death penalty case.
