Galsworthy Criminal Justice Reform Program

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Why Tennessee Is Challenging the DOJ's Ethics

"The Tennessee case revolves around what any prosecutor in the state, local or federal, should do with evidence that could prove a defendant’s innocence. The U.S. Supreme Court has ruled in the famous Brady v. Maryland and other decisions that district attorneys are duty-bound to disclose this evidence only when it’s “material” to a case — in other words, when it would probably change the outcome. The Justice Department believes that guidepost is enough."

The Marshall Project

August 13, 2018