So, the requirement to turnover exculpatory evidence is from the 1960s?
How was it handled, if at all, before then?
Gentlemen’s honor?
Judge inquired of prosecution?

Just Started reading A License to Lie by Sidney Powell


Thanks

they still dont turn over everything they should, they just roll the dice on getting caught and then get no punishment when they are

Username checks out

Pre Brady?  Before my time.... In my experience in a prosecutor's office we took our obligation to turn exculpatory material over to the defense seriously...

The fbi doesn't didn't and won't.

I figured it would just be the professional and moral thing to do and such rules would not be necessary when dealing  with honest people.
I’m sure the big cities in this country, especially with democrat machines, were short on honest people.

At this point, I don't get how the FBI as an organization doesn't have some sort of ongoing Giglio problem.

They should have been abolished and their duties farmed out

This sums it up.

Yes you are correct.  Law enforcement agencies are not required to provide investigative material to subjects of investigations, this obligation falls upon the prosecution only if they bring a case.

Our office had an open file policy.  Only kept attorney work product/notes out of the defense's hands.

Pre-Brady was prior to my existence, but my understanding was that everybody simply proceeded under the rules of discovery.

Interrogatory/Request for Production #1: Do you have any exculpatory evidence?  The problem of course being that the usual "punishment" for a party failing to produce in discovery being forbidden from using such evidence at trial.  The prosecution being denied the use exculpatory evidence at trial really wasn't much of motivator.

Brady made the requirement to produce exculpatory evidence a proactive disclosure, and added other motivations to compel production.

That is my personal experience with Fed Prosecutors.  There was more than a few things missing in my case (fortunately I either had my own proof of it, or the stuff they didn't turn over wasn't all that important).  Per my attorney, they routinely play games with discovery.  

Any educated juror in a Federal case should vote not guilty - simply because Federal prosecutor misconduct is the norm and until they start losing every goddamn case, they'll keep doing it.

you attorneys should join the super secret restricted ARFCOM atty forum

details here

You can serve interrogatories in criminal cases? That's awesome.

Same here. Most of us in my office erred on the side of caution and probably disclosed things as Brady when they really weren't. However, Florida's discovery rules are also extremely broad, so I cannot think of a case I had where I held back any info at all (except for protected CI stuff).

Thank you, sir !!

I’m wasn’t aware (I’m not a lawyer, obviously)
But in the future I shall avail myself

Thank you, sir

In fact, good luck getting anything from them.

I once tried a felony arson case where the family paid me to completely set aside the rest of my schedule to work on it 24/7. I start calling every household in that general vicinity asking questions. Finally meet a guy who lived on an adjoining property and told me that the alleged victim was burning brush on his property the night of the "arson," and that he was so worried about it, due to being extremely windy, that he called his brother in Texas and told him that if he dies in a house fire that night, it was the neighbor's fault. Then he tells me the cops had been there to see him and he told them all about it. Well that was news to me, and exculpatory evidence. The guy even had his calendar where he had made a notation - just to rebut any question about the date. He brought it w/ him and picked it up to show the jury. Prosecutor objected, in front of the jury. Jurors are thinking, why can't we see the calendar? Understandably, the prosecutor was never told either, and felt ambushed.

Even though my guy for some reason confessed in a recorded phone conversation to setting the fire, the jury acquitted him in less than 10 minutes. Or maybe it was 15. The deliberation probably gets shorter everytime I tell it.

Its actually restricted to attorneys so you still need to post legal questions in GD.  Sorry if I was unclear

Nice work!

Understood