The Pros And Cons Of The Brady Rule
Since its establishment in a seminal Supreme Court of the United States decision the Brady Rule, which requires government disclosure of material evidence favorable to defendants in certain circumstances, has become an integral due process right for defendants in criminal trials. In crafting the Brady Rule, however, the Supreme Court did not specify if the rule is also applicable in administrative proceedings. First, this discussion focuses how lower courts have interpreted the Supreme Court’s omission of such a specification to mean the Brady Rule is not applicable in administrative proceedings.
Second, this discussion explains how a Secretary of the Navy Council of Review Boards (SECNAVCORB) Policy Letter creates a Brady Rule equivalent that is applicable to Physical Evaluation Board (PEB) proceedings because it requires the PEB to disclose to the service members any information, including information beneficial to the service members, it obtains that is not already known by the service members. In addition, this discussion argues that the Brady Rule created by the Policy Letter should be codified because doing so would continue to ensure that service members’ disabilities are fairly assessed by the PEB. Lastly, this
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In United States v. Agurs, the Court set out three situations in which the Brady Rule applies: 1) the government must disclose material evidence that it is aware of or should be aware of that indicates a witness perjured his/her testimony, 2) the government must disclose material evidence specifically requested by the defendant before trial, and 3) the government must disclose exculpatory evidence even if the defendant does not make a request or only makes a general request for such evidence. The Court’s decision in Agurs also provided that the definition of “material evidence” for purposes of the Brady Rule is information that creates a reasonable doubt of the defendants’
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1185 Words | 5 PagesTherefore, many times criminal prosecutors will use the FRE Rule 404 (b) and introduce that same exluded evidence under 403, into the courts and into the minds to set the jury up for an impression about the defendant in a trial in which they hope will be a great influence over the jury and leave them believing or influenced their thinking that the person standing trial must be doing or had done what it is they are accused of and being tried
What Are The Pros And Cons Of Dillon's Rule
256 Words | 2 PagesUnder Dillon’s Rule, many counties substantially rely on the state legislature to outline their responsibilities and tasks and they can’t do anything that isn’t clearly stated in state law. If the government wants to respond to the requests of their citizens, then they need to lobby the state legislature for supplementary power. This may or may not be allowed. Under a home rule charter, a county gains more control over local issues, more policymaking power, and more sovereignty than the state constitution or state statues provides. There are many pros and cons to Dillon’s Rule.
Tom Brady Deflategate Analysis
1180 Words | 5 PagesTom Brady Takes on Deflategate For the past several months, Tom Brady has been the highlight of sports news. The event I am referring to happened last year in the football playoffs and is still causing controversy today. This event happened in the playoff game between the New England Patriots and Indianapolis Colts, where the Patriots won with a score of 45 to 7. According to many people, controversy arose the night after the game over the footballs the Patriots used. Many people believe the footballs were slightly deflated during the first quarter of the game.
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104 Words | 1 PagesIn addition to Sergeant Smiths Testing and Evaluation duties his has proven himself to be a sound leader and Sergeant, constantly challenging his Marines both mentally and physically improving both physical performance as well as office proficiency. Sergeant Smith was selected to hold the billets of Academics Safety Noncommissioned officer as well as Training Noncommissioned Officer in addition to his responsibilities as the training and evaluations noncommissioned officer. Sgt Smith has been a proven asset striving for professional development and completing 5 college courses without losing sight of his professional responsibilities. He set the example ensure both he and his marines were PME
Brady V. Maryland Argumentative Essay
390 Words | 2 PagesIn the 1963 ruling in Brady v. Maryland, the United States Supreme Court ruled that any government state or federal has the duty to disclose to a defendant and his counsel any exculpatory information or evidence in its possession. If the
Why Is The Exclusionary Rule Important
428 Words | 2 PagesDuring this period, the rules of evidence in criminal cases paralleled the focus of civil courts, in that they valued the truthfulness and reliability of evidence adequately to outweigh any constitutional violations essential merely in its procurement. The fruit of the poisonous tree doctrine is a descendant of the Exclusionary Rule. The exclusionary rule orders that evidence found from an illegal arrest, unreasonable search, or powerful interrogation must be omitted from trial. In the fruit of the poisonous tree doctrine, evidence is also excluded from trial if it was gained through evidence exposed in an illegal arrest, irrational search, or coercive interrogation. Similar the exclusionary rule, the fruit of the poisonous tree doctrine was established primarily to prevent law enforcement from violating rights against unreasonable searches and
Pros And Cons Of Tom Brady
1799 Words | 8 PagesIn the fourth quarter of Super Bowl 36, and the score tied 17-17 against the heavily favored St. Louis Rams or “The Greatest Show On Turf.” The Rams were heavily favored with the big four who consisted of Kurt Warner, Marshall Faulk, Issac Bruce, and Tory Holt. They were facing off against the 2nd year quarterback who barely even made the NFL, Tom Brady. With one minute and 21 seconds left in the fourth quarter and the Patriots on their own 17 yard line with no timeouts. All year long Brady had been relying on his running back and defense.
Substantial Evidence Case Study
958 Words | 4 PagesMadison Stewart 11/08/2017 POL 465 Essay 3 The Scope of Judicial Review and The Meaning of Substantial Evidence: Comparing Universal Camera Corp v. NLRB [340 U.S. 474] and Allentown Mack Sales and Service, Inc. v. NLRB [522 U.S. 359] Substantial Evidence is a standard set by the Supreme Court that is to be followed when lower courts review agency decisions in cases involving specific clauses of the Administrative Procedures Act (codes 556 and 557). This standard states that substantial evidence is culmination of details that would lead a reasonable person to the same finding as the agency if presented with these facts and details. Cases subject to the Substantial Evidence Test are trial hearings involving administrative
Summary Of Chapter 5 The Constitution For Business Managers
1012 Words | 5 PagesChapter 5: The Constitution for Business Managers The framework of all nations is embodied in its constitution, which regulates the powers of the government (federal and states) and secures numerous rights for citizens. One of the basic elements in the Constitution of the US is to establish three independent branches (legislative, executive and judicial) of the federal government, each with its own predominant and independent power. It means that “no branch can encroach on the power of another”. Another basic element can be found in the Amendments to the Constitution, especially the first 10 which are known as the Bill of Rights.
Hrm/531 Week 4 Individual Assignment
673 Words | 3 PagesOn a daily basis, employees of a corporation, or business enterprise uses different email servers to communicate with coworkers, customers, and others that are not associated with the business. One of the most commonly used email server is Microsoft Outlook (Lindsey, 2013). The program is used to share information, and multimedia attachment files both (Lindsey, 2013). Individuals within the scope of an organization prefer to use the instant messaging option over sending email, simply because it saves time. Most employees are not aware of the fact that even if they delete their messages, it can still resurface at a later date, but only if is necessary.
Direct Vs Circumstantial Evidence Essay
1522 Words | 7 PagesLack of better evidence than acts and statements including that of co-conspirators in pursuance of the conspiracy requires appreciation of circumstantial evidence following the well established rule in criminal jurisprudence that circumstantial evidence can be reasonably made the basis of an accused person's conviction if it is of such a character that it is wholly inconsistent with the innocence of the accused and is consistent only with his guilt... But in applying this principle, it is necessary to distinguish between facts which may be called primary or basic on the one hand and inference of facts to be drawn from them on the other... When it is held that a certain fact is proved, the question arises whether that fact leads to the inference of guilt of the accused person or not, and in dealing with this aspect of the problem the doctrine of benefit of doubt would apply and an inference of guilt can be drawn only if the proved fact is wholly inconsistent with the innocence of the accused and is consistent only with his
Essay On Misrepresentation And Concealment Of Evidence
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