Understand and be attentive of law enforcement's obligation to disclose exculpatory evidence.
Under Brady v. Maryland, 373 U.S. 83 (1963), a prosecutor's duty to disclose exculpatory and impeachment evidence is critical. Failure to do so violates a defendant's constitutional rights, leading to a wrongful conviction and potential money damages against police and others. This ondemand webinar covers the mandates and nuances of Brady and its progeny-fundamental knowledge for every prosecutor and defense attorney. It also describes the contours of civil remedies under 42 USC § 1983 for those wrongfully convicted due to Brady disclosure failures. Everyone involved in police investigations, criminal prosecutions, defense of the accused, and civil litigation involved in the aftermath of a wrongful conviction due to Brady violations will benefit from this presentation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Overview of Lecture: Brady v. Maryland, 373 U.S. 83 (1963) a Landmark Case Whose Contours Are Still Evolving
- Disclosure Rule
- Civil 42 USC § 1983 Cause of Action for Failure to Disclose II Prosecutors'
Ethical Duties to Disclose
- Independent of Brady
- ABA Model Rules
- ABA Prosecution Standards
Brady Rule
- Foundational Precedents
- Brady Facts
- Brady Holding: Exculpatory and Impeachment Evidence Must Be Disclosed
Procedural and Systemic Issues
- Procedural Framework
- Judicial Involvement in Brady Determinations
- Post-Conviction Disclosures
- Application to Guilty Pleas
- Innocence and Wrongful Convictions
Specific Types of Brady Evidence
- Eyewitness Misidentification
- Cooperation Agreements
- Scientific Tests and Reports
- Physical Evidence; Third-Party Guilt
- Witness Background and Impeachment
- Defective Investigation
- False Evidence
Civil Claims for Brady Violations
- Basic Rule of §1983 Claims
- 14th Amendment Claims
- Defendants; Plaintiffs
- Level of Culpability Required When Negligence Is Not Enough
- Materiality of Nondisclosed Evidence
- Exculpatory Nature of Nondisclosed Evidence
- Implications of Parrat v. Taylor
- State Law Remedies
- Qualified Immunity
- Damages
Best Practices
- Prosecutors
- Defense Counsel; Plaintiff Counsel
- Civil Defense Counsel
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on July 13, 2015.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Andrew M. Morse
Snow, Christensen & Martineau
- President of Snow Christensen & Martineau, a 55 lawyer Salt Lake City firm specializing in trial practice
- Has been defending governmental entities in 42 USC § 1983 suits for 28 years
- Has tried 30 cases to jury verdict, including excessive force matters arising from deaths and serious personal injuries
- President of the Utah Chapter of the American Board of Trial Advocates
- J.D., Vermont Law School; B.S. in political science, University of Vermont
- Can be contacted at 801-521-9000 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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