Information that is favorable to the accused because all favorable information is critically relevant to that determination. The commitment of nacdl and the foundation for criminal justice to seek reform in the area of fair disclosure is one of the many areas in which we are working to make our criminal Justice System fairer and more humane across a wide range of issues. In recent months we have worked to expand access to counsel, promote reform of the nations indigent reform system, address ethnic and Racial Disparity in the criminal Justice System, explore the impact of militarization of the nations Law Enforcement infrastructure, rein in overcriminalization and promote the restoration of rights and status for those who have had a brush with the criminal law. All of this is a reflection of the core mission of americas criminal defense bar, libertys last champions as we define ourselves. Fairness is the bedrock principle of any society and of any judicial system. The reforms ensuring
Complete. Ord is yet that is exactly what we expect prosecutors to do in applying materiality standards to pretrial without any sense of the perspective of the defendant. Complicating the problem further, is the prosecutors dual role. Prosecutor is a minister of justice, but importantly a advocater is also an with the skills, the training and ability to effectively winecute cases and convictions. What is inherently difficult thet the prosecutor making materiality decision is that he cannot be neutral within this context. When deciding whether information is material or relevant, that is exactly what expected to do, to set aside their role as advocates, pour through the open mind,th an recognize the importance of the information to the defense, and an objective decision about whether or not to disclose it. Are subject to what psychologists call confirmation bias. Tend tons that we evaluate what we perceive in a way that is consistent with what believe. R a prosecutor with the responsibi
Its going . Looking at the Court Decisions that have come down to date. And a corollary of that is does the current analysis under the Fourth Amendment, reasonable expectation of privacy, does it really fit this subject matter . Or is there another way to look at it, perhaps . Another topic is how do we find out in our cases whether this technology has been used . Youve heard from our last panel efforts that have been made by Law Enforcement to keep it secret. How do we determine that it has been used . And for instance, in the instance of the stingray device, even after it was discovered that it was being used, Law Enforcement made an effort to keep the details of how the device worked secret. How do you discover how these devices are used, whether, for instance, they involve a trespass that would evoke the plurality of opinion in jones, how are they attached to something . Do they grab something out of the air . How do they work . And third, what do we do with this stuff . How do we