The old adage that a prosecutor could get a grand jury to “indict a ham sandwich” has long symbolized the government’s near-total control over the charging process. For decades, the data confirmed that grand juries almost...more
Rooted in the due process clauses of the Fifth and Fourteenth Amendments, Brady requires the government to disclose exculpatory evidence, that is, “evidence favorable to the accused” which is “material to either guilt or...more