Criminal Procedure, Sponsored by Criminal Law

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Session Type: Section Programs

Session Capacity: N/A

Location: Hilton New Orleans Riverside

Room: Camp

Floor: Third Floor

How has the Brady v. Maryland obligation of prosecutors to disclose impeachment and exculpatory evidence before trial, and the defense ability to vindicate that right, aged? We have seen renewed efforts, including through legislation, to improve policy and practice regarding criminal discovery. Yet, a new set of empirical research has uncovered persistent trends regarding Brady violations, as well as deep-seated challenges in remedying what violations do come to light using post-conviction process. During a time when political polarization concerning prosecution practices and ethics has heightened tensions regarding the judicial and prosecution roles, what is the future for due process rights like the Brady right? What role can scholarship play regarding criminal adjudication, post-conviction law, professional ethics? This panel will discuss all of those pressing questions.