Prof. Gershman comments on narrowing of the Brady rule
Professor Bennett Gershman provided comment for an article in “The Atlantic” about the narrowing of the “Brady rule” which requires the prosecution to hand over information it may have to defense attorneys during a trial. In recent years, prosecutors have not fully complied with the rule and the article cites little incentive for them to do so.
“Bennett Gershman, the longtime legal scholar, wrote in 2011 that a ‘prosecutor’s violation of the obligation to disclose favorable evidence accounts for more miscarriages of justice than any other type of malpractice, but is rarely sanctioned by courts, and almost never by disciplinary bodies,’” the article says.
The entire piece can be read here.