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CSPAN Key Capitol Hill Hearings November 18, 2014

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 ....

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