Pretrial Process: Exculpatory Evidence and Discovery – CJA 364

Summary

The pretrial process in criminal justice focuses on exculpatory evidence and discovery. Students learn about the challenges defendants face in accessing evidence that could prove their innocence.

Exculpatory Evidence

Exculpatory evidence is information that could clear a defendant of guilt. Prosecutors may be reluctant to share it, viewing defendants as guilty. The Brady v. Maryland case set a legal precedent for disclosing this evidence.

Prosecutors and Discovery

Prosecutors control access to exculpatory evidence during discovery. Defendants struggle to obtain helpful information from prosecutors. The crime control model favours prosecutors in this process.

Constitutional and Ethical Laws

Current laws do not effectively prevent prosecutors from withholding exculpatory evidence. Punishment for such actions is rare. A study found few cases where prosecutors were disciplined for Brady violations.

Discovery After Conviction

Defendants may find exculpatory evidence long after conviction. They must then prove that this evidence would have changed the verdict. This is difficult to do.

Key terms

Exculpatory Evidence

Information that could prove a defendant's innocence.

Discovery

The process where defendants try to access evidence from prosecutors.

Brady v. Maryland

A legal case that established the requirement for prosecutors to disclose exculpatory evidence.

Crime Control Model

A perspective that prioritizes prosecuting and convicting criminals.

Brady Violations

Instances where prosecutors fail to disclose exculpatory evidence.

Appellant

A defendant who appeals their conviction.

Questions this document helps with

• What is exculpatory evidence and why is it important?
• How do prosecutors control the discovery process?
• What challenges do defendants face in accessing exculpatory evidence?

Summary written with AI from the document's text.