Discovery from the Trenches: The Future of Brady
Laurie L. Levenson
Loyola Law School Los Angeles
February 11, 2013
60 UCLA L. Rev. Disc. 74 (2013)
Loyola-LA Legal Studies Paper No. 2013-5
The so-called “due diligence” rule, which excuses prosecutors’ compliance with Brady v. Maryland if the defense could have obtained the exculpatory evidence on its own, is only a symptom of the greater problem ailing the American criminal justice system. The real problem is that prosecutors and defense counsel generally do a terrible job collaborating because of the basic nature of our adversarial system. To make Brady effective, not only must the due diligence rule be reconsidered, but both sides must be willing to cooperate in the truth-seeking mission of criminal trials.
Number of Pages in PDF File: 18Accepted Paper Series
Date posted: February 12, 2013
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