Brady v Maryland Exculpatory Evidence Criminal Case Assignment

Disclosing Ev

Pursuant to Brady v. Maryland and the long line of cases which came after, in criminal case, the State must turn over all exculpatory evidence. The State must also provide the defendant with information, copies, notice, etc. Additionally, of all evidence which the State will present in its case-in-chief. Given this, most prosecutor offices have an open file policy where everything except for attorney notes and research get turned over to a defendant. However, the reverse is not also true for defendant’s. They may conduct analysis and tests and not turn over such results unless they actually plan to use in trial. They also do not have to disclose exculpatory or inculpatory evidence.

Do you agree with this? Why or why not?