Resources related to the right to access witnesses and evidence.
Cases Statutes and Rules Reports and Studies
Law Review Articles News Articles Other Legal Sources Videos
Taylor v. Illinois, 484 U.S. 400 (1988)
U.S. v. Nixon, 418 U.S. 683 (1974)
Chambers v. Mississippi, 410 U.S. 284 (1972)
Giglio v. United States, 405 U.S. 150 (1972)
Washington v. Texas, 388 U.S. 14 (1967)
Brady v. Maryland, 373 U.S. 83 (1963)
STATUTES AND RULES
REPORTS AND STUDIES
Material Indifference: How Courts Are Impeding Fair Disclosure in Criminal Cases, National Association of Criminal Defense Lawyers (November 2014).
Predicting and Preventing Wrongful Convictions, National Institute of Justice (March 2013).
A Summary of Responses to a National Survey of Rule 16 of the Federal Rules of Criminal Procedure and Disclosure Practices in Criminal Cases, Federal Judicial Center (February 2011) [see appendices].
Brady v. Maryland Material in the United States District Courts: Rules, Orders, and Policies, Federal Judicial Center (May 2007).
LAW REVIEW ARTICLES
Marc Allen, Non-Brady Legal and Ethical Obligations on Prosecutors to Disclose Exculpatory Evidence, National Registry of Exonerations (July 2018).
The Right To Present A Defense by Mark Mahoney, New York State Asssociation of Criminal Defense Lawyers, Superstar Trial Seminar 2016.
Janet Moore, Democracy and Criminal Discovery Reform After Connick and Garcetti, Brooklyn Law Review Vol. 77 No.4 (Summer 2012).
Ellen Yaroshefsky, New Orleans Prosecutorial Disclosure in Practice After Connick v. Thompson, The Georgetown Journal of Legal Ethics Vol. 25:913 (Fall 2012)
Joel B. Rudin, The Supreme Court Assumes Errant Prosecutors Will Be Disciplined by Their Offices or the Bar: Three Case Studies that Prove that Assumption Wrong, 80 Fordham L. Rev. 537 (November 2011).
Ellen Yaroshefsky, New Perspectives on Brady and Other Disclosure Obligations: What Really Works?, Cardozo Law Review, Vol. 31 No. 6 (June 2010).
Ellen Yaroshefsky and Jennifer Blasser, Report of the Working Groups on Best Practices
Hennepin County attorney: Police misconduct must be disclosed to defense, By Deena Winter, Minnesota Reformer, November 2, 2022.
Orange County officials ‘routinely violated’ constitutional rights of criminal defendants, DOJ report says, By David DeNotaris, Jurist, October 14, 2022.
State: Prosecutors not handing over key material to defense attorneys, By Deena Winter, Minnesota Reformer, July 20, 2022.
The Epidemic of Brady Violations: Explained, By Jessica Brand, The Appeal, April 25, 2018.
OTHER LEGAL SOURCES
Justice 101: Discovery, United States Department of Justice, Offices of the United States Attorneys.
"Supplemental Guidance for Prosecutors Regarding Criminal Discovery Involving Forensic Evidence and Experts," Deputy Attorney General, January 5, 2017.
“Issuance of Guidance and Summary of Actions Taken in Response to the Report of the Department of Justice Criminal Discovery and Case Management Working Group," Deputy Attorney General, January 4, 2010.
“Requirement for Office Discovery Policies in Criminal Matters,” Deputy Attorney General, January 4, 2010.
"Guidance for Prosecutors Regarding Criminal Discovery," Deputy Attorney General, January 4, 2010.
BLOGS, VIDEOS, WEBINARS, PODCASTS
What is the importance of the right to compulsory process and confrontation
University of Richmond Professor Henry Chambers as he discusses how the 5th, 6th, and 8th amendments protect rights within the judicial system. In this video, Professor Chambers explains the importance of the right to compulsory process and confrontation.
THE BRADY RULE
The Brady Rule: VICE News Tonight on HBO
Last week the Supreme Court heard a case about a rule called Brady that basically says that in criminal cases the prosecution team must turn over all relevant evidence they find that could help the defense team. This is commonly called “Brady evidence.”
Brady v. Maryland and the exculpatory evidence rule
NPC's Prof. Sophiea Bailey discusses the prosecutions' responsibility to provide defense counsel with evidence that tends to show innocence, arising from the important Supreme Course decision in Brady v. Maryland, 373 U.S. 83 (1963).