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NCJRS Abstract

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NCJ Number: 41238 Find in a Library
Title: PROSECUTOR'S DUTY TO DISCLOSE RECONSIDERED
Journal: WASHINGTON UNIVERSITY LAW QUARTERLY  Volume:1976  Issue:3  Dated:(SUMMER 1976)  Pages:480-492
Author(s): ANON
Corporate Author: Washington University
School of Law
United States of America
Date Published: 1977
Page Count: 13
Sponsoring Agency: Washington University
St Louis, MO 63130
Format: Article
Language: English
Country: United States of America
Annotation: REVIEW OF THE U.S. SUPREME COURT RULING IN U.S. V AGURS (1976) WHICH EXTENDED THE PROSECUTOR'S DUTY TO DISCLOSE MATERIAL EVIDENCE WHILE ADOPTING A STRINGENT STANDARD OF MATERIALITY.
Abstract: IN AGURS, THE COURT HELD THAT WHILE DUE PROCESS REQUIRES A PROSECUTOR TO VOLUNTARILY DISCLOSE TO THE DEFENSE EXCULPATORY MATERIAL EVIDENCE, THE STANDARD OF MATERIALITY IS WHETHER THE UNDISCLOSED EVIDENCE, EVALUATED IN THE CONTEXT OF THE ENTIRE TRIAL RECORD, CREATES IN THE MIND OF THE REVIEWING JUDGE A REASONABLE DOUBT OF THE DEFENDANT'S GUILT OR INNOCENCE. THE AUTHOR EXAMINES PREVIOUS DUE PROCESS/DISCLOSURE CASE LAW AS A MEANS OF FURTHER DETERMINING THE IMPLICATIONS OF AGURS. HE CONCLUDES THAT THE STANDARD OF MATERIALITY DEVELOPED IN THE INSTANT RULING IS INADEQUATE BECAUSE IT DOES NOT GUARD AGAINST ERRONEOUS CONVICTIONS; IT DOES NOT BALANCE THE TRIAL COURT'S FACTFINDING FUNCTION AND PROCEDURAL REQUIREMENTS; AND IT PROVIDES INSUFFICIENT CHECKS ON BAD FAITH NONDISCLOSURES BY PROSECUTORS.(AUTHOR ABSTRACT MODIFIED)...EB
Index Term(s): Judicial decisions; Judicial review; Pretrial discovery; Prosecution; Right to Due Process; Rights of the accused; Standards; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=41238

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