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A Fair Trial Remedy for Brady Violations |
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Elizabeth Napier Dewar [View as PDF]
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115 Yale L.J. 1450 (2006)
This Note proposes a new remedy for criminal defendants when the government fails to fulfill its constitutional duty to disclose favorable evidence. When evidence that should have been disclosed earlier emerges during or shortly before trial, the court should consider instructing the jury on the duty to disclose and allowing the defendant to argue that the failure to disclose raises a reasonable doubt about the defendant's guilt. Even if rarely granted, this remedy could prevent violations by encouraging prosecutorial vigilance.
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