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  • 7.14 Fair Trial: Concealment of Exculpatory Evidence / Fabrication of...

7.14 Fair Trial: Concealment of Exculpatory Evidence / Fabrication of Evidence

Category:
Federal - Jury Instructions - 7th Circuit - Civil
State:
Multi-State
Control #:
US-JURY-7THCIR-7-14
Format:
Word
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Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm

7.14 Fair Trial: Concealment of Exculpatory Evidence / Fabrication of Evidence is a legal term that addresses the issue of a defendant's right to a fair trial. It is a violation of a defendant's due process rights if evidence that could exonerate them (exculpatory evidence) is concealed by the prosecution or fabricated by law enforcement officers. There are two distinct types of 7.14 Fair Trial: Concealment of Exculpatory Evidence / Fabrication of Evidence: 1) Concealment of Exculpatory Evidence: This is when the prosecution withholds evidence that could be favorable to the defendant, such as witness statements, evidence of alternative suspects, or even exculpatory evidence. 2) Fabrication of Evidence: This is when law enforcement officers create false evidence, such as false witness statements or false physical evidence, in order to incriminate the defendant. Both of these violations can lead to a wrongful conviction, as the defendant is not given the opportunity to use all the evidence available to them to prove their innocence.

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FAQ

A Giglio or Brady list is a list compiled usually by a prosecutor's office or a police department containing the names and details of law enforcement officers who have had sustained incidents of untruthfulness, criminal convictions, candor issues, or some other type of issue placing their credibility into question.

The U.S. Supreme Court has ruled repeatedly for more than 60 years that the prosecutor's disclosure of exculpatory evidence to the defendant is essential to a fair trial. Their failure to do so violates the defendant's due process rights.

If a prosecutor hides exculpatory evidence and a defendant is convicted, the conviction may be overturned later on. Despite their obligation to reveal exculpatory evidence, many prosecutors hide evidence that does not fit the narrative that they have established.

The case established that evidence is ?materially? exculpatory if it would have reasonably affected the judgment of the jury. Here, the evidence of the leniency offer could have affected the jury's conclusion because it could have cast into doubt the witness' credibility.

The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense.

In Brady v. Maryland, the United States Supreme Court held that prosecutors must provide exculpatory information to defense counsel, and in Giglio v. United States, it extended the holding to include information suggesting a witness may not be credible.

Exculpatory and impeachment evidence is material to a finding of guilt?and thus the Constitution requires disclosure?when there is a reasonable probability that effective use of the evidence will result in an acquittal. United States v.

Only judges can put a stop to it. The Supreme Court held in Brady v. Maryland that prosecutors have an ?affirmative duty? to disclose all evidence that is favorable to the defense and material to guilt and/or punishment.

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More info

The right to confront an adverse witness is 'basic to any civilised notion of a fair trial'. In R v Davis, Lord Bingham said:.Amendment, that require state prosecutors to disclose exculpatory evidence to criminal defendants. Exclusion of cogent exculpatory evidence could constitute a violation of the right to a fair trial under Article 6(1). Trial lawyers often believe, unrealistically, that their cases are airtight. The right of defendants in criminal trials to receive a fair trial; and. • arrangements for vulnerable witnesses to provide evidence to promote their. The law of evidence governs the nature and form of evidence that be brought before a court. In Queensland, two regimes apply.

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