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More States Forcing Prosecutors to Hand Over Evidence -- Even When It Hurts Their Case
Governing: In a criminal trial, it's important to present all the evidence. That seems obvious enough. Indeed, since a 1963 Supreme Court ruling, prosecutors have been required to hand over evidence they uncover even when it might help the defendant. Failure to disclose such "exculpatory evidence" -- or "Brady material," named for the Supreme Court case -- is considered a violation of the defendant’s constitutionally protected right to due process.
But that's not always how it works.
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