Thursday, December 23, 2010
What is a violation of Brady?
The police and court procedure strict order in the United States to ensure that evidence is properly administered. Brady violation can fail, to investigate a case properly. ScopeA Brady violation comprises three different parts. The evidence must be favourable to the defendant because it leaves doubt to the witness or it lends credibility of the defendant. The State should have removed the evidence, even unintentionally. Finally, because the failure to disclose, the Court was prejudiced against the case defendant.HistoryIn 1963 Brady v. Maryland, the Supreme Court of the United States determines that changes in the 5th and the 14th provide the availability of all the evidence in a case. This also applies if the continuation or the police do not keep evidence.ResultsShould Brady would occur violation, the Court the case be discretion as to the exact result depending on the circumstances. Often, an extension of the results. The Court of Justice may, however, declare a trial or dismiss all charges.
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