What is the constitutional obligation of a prosecutor to produce evidence that supports the presumption of innocence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Brown, 562 F.2d 1144 (9th Cir. 1977):
"Nor do we believe the constitutional obligation is measured by the moral culpability, or the willfulness, of the prosecutor. If evidence highly probative of innocence is in the file, he should be presumed to recognize its significance even if he has actually overlooked it." At 110, 96 S.Ct. at 2400.
See also Brady v. Maryland, supra, 373 U.S. at 87, 83 S.Ct. 1194.
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