Cardozo Public Law, Policy & Ethics Journal
Abstract
The article argues that the constitutional obligation of prosecutors to disclose exculpatory evidence, as established by Brady v. Maryland and its progeny, extends beyond a defendant's conviction and applies to postconviction DNA testing requests. It asserts that denying access to such testing violates both constitutional rights and the ethical duties of prosecutors, who are tasked with seeking justice rather than merely securing convictions. The analysis highlights the conflict in federal courts regarding the applicability of Brady to postconviction DNA testing and advocates for a broader interpretation of the doctrine to ensure innocence is not wrongly imprisoned.
Disciplines
Civil Rights and Discrimination | Evidence | Jurisprudence | Law | Law Enforcement and Corrections
Recommended Citation
Brian T. Kohn,
Brady Behind Bars: The Prosecutor's Disclosure Obligations Regarding DNA in the Post-Conviction Arena,
1
Cardozo Pub. L. Pol’y & Ethics J.
35
(2003).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol1/iss1/5
Included in
Civil Rights and Discrimination Commons, Evidence Commons, Jurisprudence Commons, Law Enforcement and Corrections Commons