ARTICLE: WHEN SELF-POLICING DOES NOT WORK: A PROPOSAL FOR POLICING PROSECUTORS IN THEIR OBLIGATION TO PROVIDE EXCULPATORY EVIDENCE TO THE DEFENSE Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2010 School of Law, Santa Clara University
Santa Clara Law Review

ARTICLE: WHEN SELF-POLICING DOES NOT WORK: A PROPOSAL FOR POLICING PROSECUTORS IN THEIR OBLIGATION TO PROVIDE EXCULPATORY EVIDENCE TO THE DEFENSE

2010

SANTA CLARA LAW REVIEW

50 Santa Clara L. Rev. 303

Author

Sara Gurwitch*

Excerpt



It is incumbent upon all those who study the criminal justice system to evaluate the causes of wrongful convictions, and to consider ways to address them. 1 While certain causes - including faulty eyewitness identifications and unreliable confessions - have, appropriately, received significant attention 2 and useful reforms have been proposed, 3 the role of prosecutorial misconduct in wrongful conviction cases has failed to generate reform efforts within the criminal justice community.

Under Brady v. Maryland, prosecutors have a constitutional obligation to provide the defense with exculpatory material. 4 If a prosecutor fails in this obligation, the defendant is entitled to a new trial, provided that he or she can show that there is a "reasonable probability" that the outcome of the proceeding would have been different, had the exculpatory evidence at issue not been withheld. 5

Numerous commentators have questioned whether the remedy, under current Brady jurisprudence, is sufficient to assure that wrongful convictions are being avoided, individual defendants are receiving a fair trial, and that the integrity of the criminal justice system is being protected. 6 Part I of this article examines whether the current remedy for a Brady violation - the possibility of a new trial, if the Brady prejudice standard 7 is met - serves as a sufficient deterrent to prosecutors, and concludes that it does not; Part II evaluates various alternative remedies proposed by commentators; and Part III suggests a new incentive mechanism.

Under the new incentive mechanism that I am ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities