Criminal Discovery Under Brady v. Maryland: Current Developments
Wednesday, Sep 18 2013

Over the past few years, several criminal prosecutions have come undone following discoveries that material exculpatory evidence had been withheld from the defense in violation of Brady v. Maryland. We’ve seen it in the context of national politics (the 2008 false statements case against Senator Ted Stevens); high finance (the Second Circuit “squawk box” decision in U.S. v. Mahaffy) and in local courts (e.g., People v. Bedi). These cases and others have renewed interest in compliance with Brady’s Constitutional requirement. This panel will discuss Brady from a variety of perspectives. Is there a “Brady problem?” Or are breakdowns in disclosure infrequent and largely inadvertent? How do we account for the recent cases and what, if anything, can be done to reduce the likelihood of future breakdowns in disclosure?
Representatives from state and federal prosecutors’ offices, the criminal defense bar, the judiciary and academics will examine: the appropriate timing of Brady disclosures (in both trial and plea-bargaining); training of prosecutors and law-enforcement personnel on the collection and communication of potential Brady material; common remedies for Brady violations and whether such remedies are effective in individual cases and a sufficient deterrent to future violations. The panel will also explore proposed institutional responses (for example, last year’s proposed Brady-reform legislation in Congress and local Court rules) and the relationship, if any, between the Constitutional duty to disclose favorable information and ethics rules applicable to the prosecutorial function.

New York, New Jersey & California Credit: 3.0 total: 2.0 pp & 1.0 ethics This live program provides transitional/non-transitional credit to all attorneys. Illinois Credit: 2.75 total: 2.0 general & 0.75 ethics Pennsylvania Credit: 2.5 total: 2.0 general & 0.5 ethics


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