Brady Violations

Student will describe Brady violations and prosecutorial misconduct, explain conflict of interest and its connection with miscarriage of justice, and describe alternate methods to avoid injustice. (LO 3 & 5)

In his dissenting opinion in U.S. v Olsen (2013), Chief Judge Alex Kozinski of the 9th Circuit Court of Appeals stated:  “There is an epidemic of Brady violations abroad in the land. Only the judges can put a put to it” 

Contemplate what Judge Kozinski’s statement means and what you think about it.  You may want to do some independent research on how often Brady violates occur and result in a wrongful conviction.  For a refresher on Brady violations https://www.law.cornell.edu/wex/brady_rule

Describe a Brady violation and methods to avoid a miscarriage of justice.  Explore Judge Koziniski’s statement that it is up to only the judge to resolve this.  Explain in your opinion if this (trial judge’s action) would be a conflict of interest that could result in a miscarriage of justice on its own.

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