Criminal Evidence And Criminal Procedure Case Preparation As

Criminal Evidence and Criminal ProcedureNameInstitutional affiliationRight Against Self Incrimination The Brady rule states that the prosecutor has an obligation to disclose any Brady material held by any body acting on behalf of the government, including the police, even if the prosecutor was not aware of their existence(Smith, 2003, p. 24). The role got its name from the 1963 U.S. Supreme Court case, Brady v. Maryland, where the court gave the direction that the Brady material must be disclosed to the defense team in time. The rule applies whether the defense request for the material or not (Brezina, 2011, p. 45). Failure to disclose Brady evidence result in the suppression of the evidence. However, the defense has to prove to the court that the material in question, being withheld by the government side would influence the outcome of the trial or sentence(Law.cornell.edu, 2015). The Jencks Act, 18 U.S.C. § 3500 on the hand requires the government to disclose to the defense, the statements and records made by government witnesses after the witness has given his/her testimony(Gorelick, Marzen & Solum, 2007, p. 243). Statements under this Act refer to written statements