Duty To Disclose

Duty To Disclose

Introduction:

In Brady v. Maryland (1963), the U.S. Supreme Court held that due process is violated when the prosecution suppresses evidence favorable to an accused upon request where the evidence is material either to guilt or to punishment. The Brady Rule on Disclosure of Evidence to the Accused purports that the prosecutor has a duty to disclose evidence favorable to a defendant. Many cases have since been decided that provide additional insight and clarification to this rule, such as United States v. Agurs (1976), United States v. Bagley (1985), Kyles v. Whitley (1995), and Strickler v. Greene (1999).

Instructions:

1: Articulate how the rules of criminal procedure apply to a criminal justice practitioner.
Explain how the Supreme Court interpreted and refined the rule in Brady v. Maryland in reference to one of the subsequent cases: United States v. Agurs, United States v. Bagley, Kyles v. Whitley, or Strickler v. Greene.
Explore how the Supreme Court’s post- Brady interpretation of the rule impacts its application.
3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.
Analyze Brady v. Maryland and the Court’s rationale for its decision.
Special Instructions:
Create a 1 page essay in APA format according to the instructions above. Use 2 academically reviewed sources for references. Be sure to utilize in-text citations.

Solution Preview

Both Boblit and Brady were murder suspects. Preceding assize, Brady’s attorney requested to inspect Boblit’s statements. However, the prosecutor withdrew the statement from Brady, to which Boblit conceded to the actual murder (Abel, 2015). Brady acknowledged his involvement in the killing but declared no part in the actual killing.

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