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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 - Research Paper Example

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In Maryland court and separate trials companion and a petitioner got convicted for a first-degree murder. The sentence for both the petitioner and the convict was death, in…
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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

Download file to see previous pages... 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 ...Download file to see next pagesRead More
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