Bad Faith Exception to Prosecutorial Immunity for Brady Violations
Bennett L. Gershman
Pace University - School of Law
January 13, 2010
Part I of this Article discusses Imbler’s adoption of absolute immunity for prosecutors. Part II discusses Imbler’s extension of absolute immunity to a prosecutor’s violation of his disclosure duty under Brady v. Maryland. Part III describes the ease with which prosecutors are able to evade the Brady rule and the difficulty of enforcing compliance with Brady. Part IV discusses the absence of any meaningful sanctions to deter and punish prosecutors for willful violations of Brady. Part V proposes a bad faith exception to absolute immunity of prosecutors for Brady violations.
Number of Pages in PDF File: 45working papers series
Date posted: January 24, 2010
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