Title: Brady v. Maryland, 373 U.S. 83 (1963)[1], was a United States Supreme Court case
1Brady 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
2Withholding 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.
3Brady 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.
4BRADY 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
5Forensic 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
6Among 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
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