Bass, Berry & Sims attorney Eli Richardson offered insights for a Law360 article on the opinion issued by the Professional Ethics Committee of the New York City (NYC) Bar Association related to a prosecutor's obligation to disclose evidence favorable to the defense. The committee concluded that a prosecution's obligation goes beyond that established by the Supreme Court's Brady decision, and that favorable evidence should be disclosed "regardless of the extent of its significance." As Eli pointed out in the article, noting that the opinion echoed the policy of the U.S. Department of Justice (DOJ) on this issue, "DOJ has a policy of turning over exculpatory evidence beyond Brady. There's a huge realm of the criminal justice system already doing this. A good way to comply with your legal obligation is to err on the side of overproducing stuff."
The full article, "Prosecutors Must Disclose More Than Brady, NYC Bar Says," was published by Law360 on September 6, 2016, and is available online.