Why This Blog?
This blog exists to provide both a source of current information and a forum for those who have experienced or witnessed misconduct by federal prosecutors in particular. We are especially interested in seeking reform of the legal system in the way it deals with “Brady violations” or the prosecutors’ suppression of evidence favorable to the defense. We want to hear from you. We also address other means of government malfeasance, and disregard of the Constitution or the Rule of Law.
We will blog twice a week and strive to keep you informed of the most recent developments in efforts across the country to hold prosecutors accountable when they fail to produce all favorable evidence to the defense. If you are an attorney representing a defendant or a defendant whose criminal conviction was reversed because a federal prosecutor suppressed evidence that was favorable to the defense, please upload the order or opinion reversing your case here.
If you are an attorney or a defendant who has compelling evidence against a federal prosecutor but you were not able to obtain a reversal, please upload a summary of the evidence or court’s decision here.
If you are an attorney or a defendant who filed a grievance with a bar association against a federal or state prosecutor for the prosecutor’s suppression of evidence favorable to the defense, please upload your complaint and the response of the bar association here.
In 1963, in Brady v. Maryland, 373 U.S. 83, 87-88 (1963), the Supreme Court established the foundation of a prosecutor’s constitutional duty to disclose evidence favorable to an accused. The Court solemnly declared that: “Society wins not only when the guilty are convicted but when criminal trials are fair; our system of the administration of justice suffers when any accused is treated unfairly. [...] A prosecution that withholds evidence on demand of an accused which, if made available, would tend to exculpate him or reduce the penalty helps shape a trial that bears heavily on the defendant. That casts the prosecutor in the role of an architect of a proceeding that does not comport with standards of justice.”
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