Brady Disclosure Essay

Improved Essays
The Brady disclosure is a rule that makes the prosecution give up any evidence that is material in deciding the guilt or innocence of a defendant. This rule comes from the US Supreme Court case “Brady v. Maryland”. In this case, Maryland prosecuted John Leo Brady and Donald Dolbit for murder. Brady admitted that he was involved, but that Dolbit did the actual killing. The Supreme Court held that holding evidence that will exonerate the defendant of guilt violates due process. This is very important to law enforcement to ensure that defendants are getting a fair trial, officers are held responsible for the evidence they find and their honesty about it, and it lessens the number of false imprisonments. When an Officer lies on record, they are …show more content…
If there is evidence that point to the innocence of the defendant that must be brought out to the court and cannot be ignored or hidden away. This directly affects the defendant’s right to due process. This is important in law enforcement because it helps represent what law enforcement is for, not to lie or find someone guilty to close a case, but to find justice and enforce the laws. The Brady disclosure helps to ensure there is no lying about information found or hiding information that is found that could show the innocence of a suspect. The Brady disclosure also ensures that the court knows that an officer who is testifying or part of the case has a history of …show more content…
Employers, friends, coworkers, and family will stop trusting them. If you are known as a liar no one will take the words you say seriously. No matter how hard you try to earn the respect and trust back from someone after you lie to them, they will always second guess the things you say to them and not fully trust you. If you lie in a relationship, your significant other will not trust you anymore, if you lie at work your supervisors will always second guess your words and actions, and if you lie with your family the support everyone needs from family will be gone because they can’t trust you. Lying hurts everyone but it mostly hurts the individual who lied. In court if an officer is on the Brady cops list, the prosecution must inform the court that the Officer has a history of dishonesty for the knowledge of the

Related Documents

  • Improved Essays

    Ireland V Brady Summary

    • 933 Words
    • 4 Pages

    Brady v. Maryland, 373 U.S. 83 (1963) Facts of the Case: John Leo Brady was arrested, tried and found guilty in a Maryland court for murder. The other man Donald Boblit had a separate trial. During Brady’s trial, he testified that even though he was involved with the robbery that Boblit was the one who committed the murder not him. The lawyer for Brady asked the prosecution to see all Boblit’s statements to get ready for trial but the prosecution withheld one statement in which Boblit admitted to committing the murder. Brady was found guilty by a jury of murder and was given a death sentence.…

    • 933 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In the case, Brady v. Maryland 373 U.S. 83, Certiorari was granted to a decision of the Court of Appeals of Maryland to consider whether petitioner was denied a federal right when the appeals court restricted its grant of a new murder trial to the question of punishment, leaving the determination of guilt undisturbed. The appeals court granted a retrial after holding that suppression of evidence by the state violated petitioner's rights under the Due Process Clause, U.S. Constitutional Amendment XIV (Law School Case Briefs, 2013). Furthermore, there was a judgement that had granted the petitioner a new murder trial that was solely based on the issue of his punishment. Since the petitioner was convicted of murder and then sentenced to death in his first trail with the Maryland Court, the petitioner was then informed that the Maryland Courts had withheld a statement that indicated that another individual had admitted that exact homicide. What the Supreme Court had concluded from this case was that, because of the suppression of the evidence was in favorable to an accused upon the request that violated the Due Process Clause required the court to a…

    • 739 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    R V Heale Case Study

    • 1163 Words
    • 5 Pages

    Inadmissible evidence cannot be allowed for the fairness of the trial. If the evidence is incorrect, it could lead to an appeal, which will affect society rights of safety. The way the offender was treated can cause community concern and media outrage. This is significant to society as human rights haven't been met, but also the victim's rights to not have media coverage. In R v Siale, Siale was denied bail, this is because leaves the victims and society at…

    • 1163 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The right to a fair trial is a part of the due process clause. Including evidence that is inadmissible to court or concealing evidence can result in an unjust conviction. It is imperative that prosecutors include all evidence including “exculpatory evidence, (which is evidence that exonerates the defendant of guilt) under Brady v. Maryland” (Cassel, 2004) and disregard evidence that is prohibited. Former United States Circuit judge Alex Kozinski declares, “there are countless ways in which prosecutors can tamper with the fact-finding process and undermine a defendant’s right to a fair trial. This, of course, is not their job” (Kozinski, 2015,…

    • 386 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The matter of contention present with respect to the disclosure of evidence is conspicuous when considering the notion of full disclosure itself. The concept of fully sharing evidence…

    • 797 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Miranda warning that arose from the U.S. Supreme Court's Miranda v. Arizona decision assures that officers assure that those arrested are aware of their rights that protect against self-incrimination prior to any questioning. The ruling in Miranda does fulfill the legal tradition of the promise against self-incrimination and protects against the pressures of authority. The Miranda rights fulfills the legal tradition of the promise against self-incrimination because they protect against wrongful punishment and torture employed by authorities. Authorities can abuse their power in order to gain info or prove their suspicions correct.…

    • 799 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Arizona was the next case that established the police must inform a suspect of their right to legal counsel. This established that the police must inform all persons of their rights and allow people to exercise their constitutional rights. Intelligence collection of criminal information is essential to the safety of the public. Police can use intelligence gathered to track terrorism, gangs, and criminal bosses. It may not lead to arrests but they can work off intelligence to prevent crime.…

    • 855 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Going back to that former friend example. When he lies to people like that he will just keep getting called out for his lies. He won’t be able to keep any friends once they find out that he lies about everything. If he does not stop lying like that he will never get anywhere in life. This is when lying can lead into a horrible…

    • 1299 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    For example, in the case of Wong Sun V. United States (1963), Wong Sun was coerced to make incriminating statements after agents illegally entered his laundry, but he was later released (Gardner & Anderson, 2016). He eventually confessed voluntarily to transporting heroin, and at his trial he wanted his confession to not be used as evidence because of the improper police conduct (Gardner & Anderson, 2016). But, the U.S Supreme Court stated his confession could be used in court because of the time that has passed between the illegal entry and confession that ultimately eliminated the misconduct (Gardner & Anderson,…

    • 820 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Thus, the defendant should be given a second chance to confess without the added pressures of interrogators and eliminating bias that would affect the jurors’ judgements on whether the confession was voluntary and whether they are guilty or not. This should be done by dismissing the original recording, allowing the suspect to recant his confession on the stand and the original recording should be used as supplemental evidence and not the main basis for the…

    • 1283 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    The core of the idea of due process is fundamental fairness insofar as a person should always be given notice of any charges brought against him or her, that a person should be provided a real chance to present his or her side in a legal dispute, and that no law or government procedure should be arbitrary of capricious. The specific requirements of the due process vary somewhat, depending on the Supreme Court’s latest interpretation of the Bill of Rights” (p. 38). Perhaps the common phrase “innocent until proven guilty” must apply with due process, because it gives individuals an opportunity to defend themselves, present witnesses, and evidence without the assumption that one is automatically guilty.…

    • 1926 Words
    • 8 Pages
    Superior Essays
  • Great Essays

    Some of the consequences of lying that Ericsson refers to in the beginning of her essay are the destruction of trust and someone else receiving a punishment for your lie. When someone takes advantage of your trust in them that is when trust is destroyed. I once lost all trust in one of my acquaintances in middle school when I entrusted her with the duty of bringing a flash drive that contained our presentation on it the next day. She failed to bring the flash drive and we received a zero on our presentation and because of that, I did not trust her with any of my work from that point on. There have been many instances between my sister and I where we put the blame on the other person, when in fact it was one of our faults, which would result in one of us getting a punishment that we did not deserve.…

    • 1651 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    In the essay The Ways We Lie by Stephanie Ericsson, she mentions on how she discovered that telling the truth all the time is nearly impossible because it would be living with some serious consequences. Throughout the history of the United States and other parts of the world, a high percentage of people tend to not be able to tell the truth when they are asked simple questions by members of their family or by their close friends. As telling the truth may have consequences, telling lies may have deeper consequences that cannot only hurt the person telling the lie, but it can affect the person being lied to. Being known as a liar can cause problems in a relationship because it will bring on trust issues and can also cause one’s partner to overthink…

    • 1449 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Connick v. Thompson: 563 U.S. _____, 131 S.Ct. 1350, 179 L.Ed.2d 417 (2011) – One of the issues raised in this case was the violation of Brady v. Maryland where the prosecutor withheld exculpatory evidence (law.cornell.edu. n.d.). Therefore, Thompson brought a suit pursuant 42 U.S.C. § 1983 alleging that the district attorney’s office was liable for failing to properly training its employees on the requirements of Brady. Furthermore, the concern was about the prosecutor’s behavior.…

    • 1010 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    When the court asked the District Attorney’s office if this informant was used before they lied and said…

    • 869 Words
    • 4 Pages
    Improved Essays