Wednesday, September 2, 2009

Exculpatory Evidence

The US Supreme Court ruled in the Brady v. Maryland case-in 1963-that the state must give to the defense "any and all exculpatory evidence" even if the evidence may not prove innocence. To do otherwise, the court said, is a violation of the "due process clause" of the US Constitution. In this case the evidence may not have been material to the question of guilty or innocence but it was to the issue of punishment. The ruling also holds that the defense must be told if a police officer testifing has a "...sustained record for knowingly lying in an official capacity". Police that fall into this category are referred to as "brady cops".
(Source: Guardian of Lies novel by Steve Martini and Wikipedia under Brady v. Maryland).

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