We regret to inform you of news about violations of the principle of Brady v. Maryland. No, you have not inadvertently picked up an old copy of this newspaper. The steady stream of cases reversed for prosecutorial violations of the duty to disclose exculpatory evidence continues unabated. That this should happen in the federal system is remarkable, because federal prosecutors for the most part get to choose the cases they bring, unlike their state counterparts, who have cases from the street thrust upon them by arresting officers.
And, perhaps more remarkable is that a majority of the U.S. Supreme Court recently turned a blind eye to the issue in a case that presented a depressing picture of the mind-set that appears to exist among prosecutors. What explains this departure by some prosecutors from the standards of fairness and decency? Is it “trickle-down American exceptionalism” in which the “we’re number one” mentality is a precursor to a run for public office or the grab for the golden ring in private practice? Particularly in an era of draconian sentences in white-collar cases, it is time for a wholesale reevaluation of disclosure and discovery in criminal cases.
Prosecutorial Failures
