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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. A ....
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 ....
She launched the Veritas Initiative committed to pursuing data driven reform. We are proud to partner with and santa clara oin this project. I am going to invite you appear to tell us about the project and how the courts are doing in ensuring fair disclosure increment all cases. In criminal cases. Thank you. The fairness of the criminal trial depends on the ability of the accused to present a defense and of course to present a defense depends on the axis the criminal defendant has to favorable evidence that might exist in this case. The very fundamental nature of this principle was acknowledged by the u. S. Supreme court 50 years ago when it decided a case. The prosecutor has an obligation to disclose all favorable information that is material and a failure to do so violates the defendants right to due process. The American Bar Association reinforced dispensable ....