Brady v. Maryland, 373 U.S. 83 (1963)[1], was a United States Supreme Court case - PowerPoint PPT Presentation

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Brady v. Maryland, 373 U.S. 83 (1963)[1], was a United States Supreme Court case

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Brady v. Maryland, 373 U.S. 83 (1963)[1], was a United States Supreme Court case in which the prosecution had withheld from the criminal defendant certain evidence. – PowerPoint PPT presentation

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Title: Brady v. Maryland, 373 U.S. 83 (1963)[1], was a United States Supreme Court case


1
Brady v. Maryland, 373 U.S. 83 (1963)1, was a
United States Supreme Court case
  • in which the prosecution had withheld from the
    criminal defendant certain evidence. The
    defendant challenged his conviction, arguing it
    had been contrary to the Due Process Clause of
    the Fourteenth Amendment to the United States
    Constitution

2
Withholding of evidence violates due process
"where the evidence is material either to guilt
or to punishment."
  • The court held that withholding evidence violates
    due process "where the evidence is material
    either to guilt or to punishment" and the court
    determined that under Maryland state law the
    withheld evidence could not have exculpated the
    defendant but was material to the level of
    punishment he would be given.

3
Brady material consists of exculpatory or
impeaching information that is material to the
guilt or punishment of the defendant.
  • The term comes from the U.S. Supreme Court case,
    Brady v. Maryland,1 in which the Supreme Court
    ruled that suppression by the prosecution of
    evidence favorable to a defendant who has
    requested it violates due process. Following
    Brady, the prosecutor must disclose evidence or
    information that would prove the innocence of the
    defendant. Evidence that would serve to reduce
    the defendant's sentence must also be disclosed
    by the prosecution.

4
BRADY MATERIAL
  • The prosecutor must disclose an agreement not to
    prosecute a witness in exchange for the witness's
    testimony.2
  • The prosecutor must disclose leniency (or
    preferential treatment) agreements made with
    witnesses in exchange for testimony.3
  • The prosecutor must disclose exculpatory evidence
    known only to the police. This imposes a duty on
    the prosecutor to review the police's
    investigatory files and disclose anything that
    tends to prove the innocence of the defendant.4
  • The prosecutor must disclose arrest photographs
    of the defendant when those photos do not match
    the victim's description

5
Forensic photography resulted from the
modernization of criminal justice systems and the
power of photographic realism.
  • French photographer, Alphonse Bertillon was the
    first to realize that photographs were futile for
    identification if they were not standardized by
    using the same lighting, scale and angles

6
Among the more famous, and arguably the most
famous crime photographer, is Arthur Fellig,
better known as "Weegee."
  • He was known for routinely arriving at crime
    scenes before other reporters, or often even
    before the police, The nickname is speculated to
    come from an alternate spelling of the word
    "Ouija," implying that Fellig had a supernatural
    force telling where the action was going to
    occur. His first exhibition was a solo
    exhibition, entitled, "Weegee Murder is My
    Business" and showed in 1941 at the Photo League
    in New York. The Museum of Modern Art purchased
    five of his photos and showed them in an exhibit
    called "Action Photography." Forensic photography
    had now transcended mere documentation. It was
    considered an art. Weegee did not consider his
    photos art, but many perceived them that way. He
    is a prime example of the different purposes of
    forensic photography. His photographs were
    intended as documentation and were viewed that
    way in the paper by many people, but were shown
    in museums and seen as art by many others. His
    first book was published in 1945 and was titled,
    Naked City

7
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