'Brady' and the Unfulfilled Promise of an Even Playing Field

, New York Law Journal


Jay Goldberg, a member of Jay Goldberg P.C., writes that almost a decade ago, the Second Circuit observed that there is an informational gap that exists between the defense and the prosecution, but what has been done to close the gap? Is there a way to assure that we will stop hearing that some innocence project has proven that a man was wrongly convicted? Action must be taken lest our criminal justice system be thought by the public to be fraught with miscarriages of justice.

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What's being said

  • Richard M. Langone

    I suggest you look into juxtaposing the military's policy on disclosure. I have a friend who is a JAG officer and he says the military has an open file policy in all criminal cases and it works just fine. The caveat is that military attorneys are held to high standards of ethics re: confidentiality and honesty. Careers are ended with any materially false statements of a prosecutor.

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