ST Alpha - "the problem with Brady material (usually) is it only encompasses evidence that is exculpatory to the defendant. so then prosecutors have to decide" (Reading a Post)

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In response to "Shouldn't the system work in a way that any officer of the court - especially a *judge* - can see that you have evidence someone was possibly responsible -- (edited)" by Max

the problem with Brady material (usually) is it only encompasses evidence that is exculpatory to the defendant. so then prosecutors have to decide

Posted by hollywood big shot (aka pickmix) Jul 12 '24, 17:25

if it’s exculpatory and obliged to produce to the other side. not sure if that’s why this particular evidence wasn’t timely produced here but… prosecutors don’t have a constitutional obligation to give everything in their possession to the defense under Brady

Responses:

To reframe what I'm saying above, if it's not the judge's job, why is he suddenly responsible for determining that the bullets are exculpatory -- (edited) - Max Jul 12, 17:49 3
- Because the judge's job is to rule on questions of law, not prosecute crimes. -- nm* - znufrii Jul 12, 18:19
- I guess on the procedural question because it’s not the judge’s job to make the decision, but it is the judge’s job to review any decision they make. -- nm - mafic Jul 12, 18:10
- Best guess is it directly contradicts the prosecution’s story about where they came from, which is part of how they’re framing responsibility. -- nm - mafic Jul 12, 18:07
prosecution decided to file the evidence under a different case so the defence would never find it. - mafic Jul 12, 17:36 1
- By filing it under a different case they didn't have to turn it over to the defense or let them know it even existed. -- nm - . Jul 12, 22:26

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the problem with Brady material (usually) is it only encompasses evidence that is exculpatory to the defendant. so then prosecutors have to decide

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