Texas prosecutors must disclose to the defense nearly every piece of evidence in their possession. Disclosure is the rule and not the exception in Texas. The Brady Rule, called Brady v. Maryland, requires prosecutors to disclose material and exculpatory information held by the government to the defense.
Brady's material, or the evidence that the prosecutor must disclose under this rule, includes any information favorable to the defendant that could reduce the defendant's potential sentence, go against the credibility of an unfavorable witness, or allow the jury to prove that the defendant is guilty. In criminal cases, the prosecution is required, by virtue of the constitution, to deliver what is known as Brady material. This requirement, named after a U.S. Supreme Court case, extends to all exculpatory material evidence.
In other words, if evidence is relevant to determining the guilt, innocence, or punishment of the accused, the law requires the prosecution to hand it over to the defense. B) inform the contracting agency official if the information was revealed to a court or to the defense and, if so, if the court ruled that the information was admissible for use as dismissal information; and Prosecutors are encouraged to opt for inclusiveness in identifying members of the prosecution team for evidence presentation purposes. This makes sense, since the prosecution has most of the information and power in a criminal case and is the one who has made the decision to indict the accused. However, first and foremost, such compliance will facilitate a fair and equitable outcome in all cases, which is the Department's sole objective in initiating criminal proceedings.
Procedures for disclosing information about possible dismissal proceedings related to Department of Justice employees. The prosecution's duty to disclose information is generally governed by Federal Rules of Criminal Procedure 16 and 26.2, the Jencks Act (18 U.) In situations where FBI laboratory tests yield conclusions with no apparent evidentiary value, but the defense attorney intends to subpoena the examiner to testify, the United States Attorney (U.S. You must inform the defense attorney of the FBI policy that requires payment of the examiner's travel expenses by the defense attorney. As a general rule, and taking into account the facts and circumstances of individual cases, prosecutors must provide extensive information related to forensic science evidence, as described here.
While prosecutors often consult with forensic experts to understand the tests or experiments carried out, the responsibility for disclosure ultimately lies with the prosecutor assigned to the case. By evaluating evidentiary obligations in accordance with the methodical and thoughtful approach set forth in this guide and by taking advantage of available resources, prosecutors are more likely to meet their evidentiary obligations in all cases and thereby achieve a fair and definitive outcome in all criminal proceedings. If you have been charged with a crime, you need an attorney who understands California law, including how disclosure laws affect your case. As the responsibility for complying with evidentiary obligations lies with the prosecutor, the prosecutor's decision on how to carry out this review is decisive.
This policy is not intended to replace the obligation of individual agency employees to inform the prosecutors they work with about any possible dismissal process before giving an affidavit or giving testimony in any investigation or case. Members of the prosecution team include federal, state and local law enforcement officers and other government officials involved in the investigation and prosecution of the criminal case against the accused.
