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"Explain how far the New York Courts have extended the case Brady v. Maryland and its requirement for a prosecutor to turn over exculpatory evidence to the defense"
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The prosecution allowed this but hid the statement in which the companion admits to the actual killing. The petitioner did not notice that statement was missing until after his sentence. After the denial to receive evidence by the prosecution issues of oppression rose that the prosecutor denied the petitioner right to the due process of law. The Maryland court of appeal remanded the case requesting for a new trial, a new trial however was only for the question of punishment
This case involved both Brady and Boblit; both found guilty of first-degree murder. In the trials the petitioner( Brady), when the prosecution denied him the evidence in which Boblit admitted to the actual killing he appealed to the Maryland court of appeal which requested foe the new trial. The basis for this trial was the question of punishment, the question of punishment in Brady and Boblits case was a murder committed in an incidence of robbery. The punishment to the crime of murder in Maryland was death or life imprisonment
This case brought rise to the Bradys rule, which represents a limited departure from the existing pure adversary model. This is due to the fact that the prosecutor role transcends to that of the adversary. During the litigation of the Bradys crime, that defense should always examine whether the prosecution team acts consistently with the aim to assist the defense in that making of the case or whether it is acting strategically.
The Brady versus Maryland case brought about some of the rules used in different courts in New York; this rules resulted from the failure of the prosecutor to provide the information needed by the defendant. In this case as per the fourteenth amendment, due process states that the turnover all the information is a major requirement. The amendments due process states that the suppression of evidence by the prosecution upon request by the defendant, evidence
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This is in the light of promoting democracy, which is a fundamental principle, which ensures that human rights are protected at all times regardless of one’s social or economic status. One of these human rights is the right to a fair trial based on the rule of law, which considers one innocent of the charges brought against him, until proven guilty by a court of law (Grant, 2002).
(McDonald, 1983) In respect of a public defender, the fundamental aspect is that the person is an attorney and has a J.D that is a graduate from an American law school and/or passed the state bar, which is dependent upon the jurisdiction. It goes without saying that the experience in respect of public defender would vary similar to that of a private defense attorney.
The economic recession led to downturns in growth that further led to huge inflation, decreased credit availability and high interest rate. This along with job cuts and reduced salaries has also led to decrease in the disposable income of individuals; this has further reduced the sales volumes of various companies.
Genovese The Genovese influenced the American society by making use of novel ways that no other crime family had ever thought of, including law enforcement. This is because the Genovese crime family saw the American society introduced to new crimes that had a high degree of inventiveness, and ones that the criminals could get away with easily.
Welcoming the first wave of new immigrants at Ellis Island for processing, the country has never had a problem assimilating the immigrant cultures into its shores. That is what makes migrating to America a very exciting and interesting event to learn about.
is also the question as to whether an otherwise appropriate administrative inspection is unconstitutional as the key purpose of the statute authorizing the search, which is deterrence of crime, is similar to the purpose of penal laws as the inspection might reveal violations of
Cox pleaded guilty to manslaughter first degree while Cwikla proceeded to trial, and it was established that he remained guilty of felony
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