States Are Compelling Prosecutors to Turn Over Evidence, Even When They Balk at Doing So
Date:  04-23-2018

Prosecutors don't like to lose, and they can win by purposely withholding evidence
From 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.

Despite the legal requirement to turn over exculpatory evidence, prosecutors sometimes sit on material they've collected, or they may not actively look for such evidence. Law enforcement agencies may not willingly provide it. Continue reading >>>