Active Now

Spunky
Shuhak
Discussion » Questions » Legal » Is a DA required to show all exculpatory evidence to a Grand Jury?

Is a DA required to show all exculpatory evidence to a Grand Jury?

If yes, then what is the penalty for the DA?

Posted - March 24, 2023

Responses


  • 13261
    That’s a question for a prosecutor or a defense attorney. None of us are qualified to answer.
      March 24, 2023 8:11 AM MDT
    0

  • 10589
    Speak for yourself - there are people here that are qualified to answer the question.
      March 24, 2023 8:45 AM MDT
    1

  • 13261
    And when you become a lawyer, you might be one of them.
      March 24, 2023 8:47 AM MDT
    0

  • 10589
    blaw blaw blaw blaw.
      March 24, 2023 8:49 AM MDT
    0

  • 10589
    Well if it is actual evidence then I think it should be handed over.  But if it is just some BS they are calling evidence to delay or muddy the legal proses (like Marjorie Taylor Greene is doing right now) than no it shouldn't be handed over. Cheers and happy weekend! This post was edited by Nanoose at March 24, 2023 8:38 AM MDT
      March 24, 2023 8:35 AM MDT
    0

  • 13261
    The question concerns the DA’s role. Greene is a congresswoman, not the DA. Do try to address the actual question.
      March 24, 2023 8:40 AM MDT
    0

  • 10589
    blaw blaw blaw blaw.
      March 24, 2023 8:43 AM MDT
    0

  • 13261
    Try again.
      March 24, 2023 8:46 AM MDT
    0

  • 3907
    Hello N:

    The Grand Jury is empaneled to decide whether charges should be filed.  Therefore, if there are no charges, there's nothing to refute.

    excon This post was edited by excon at March 24, 2023 9:56 AM MDT
      March 24, 2023 9:55 AM MDT
    0

  • 3907
    Hello again:

    If I may elaborate...  The threshold the grand jury reaches is whether there's probable cause to believe a crime has been committed.   Rules of evidence are different for grand juries too, in that evidence does not have be sworn to, or does not have to meet the rigor chain of custody requires.  Hearsay can be accepted in the grand jury, but not in a trial.. And, there's more..  All that plus the threshold of guilt in a trial is proof beyond a reasonable doubt..

    excon This post was edited by excon at March 24, 2023 11:28 AM MDT
      March 24, 2023 10:21 AM MDT
    0

  • 32879
    Nothing to do with MTG. I have no idea what she has been doing. I do not follow her. 
     
    As I understand it is information given to the DA from Mr. Cohen's former attorney in the form of hundreds of letters and emails. 
      March 24, 2023 6:20 PM MDT
    0

  • 10589
    Marjorie Taylor Greene is demanding Alvin Bragg be jailed for prosecutorial misconduct. Claiming he is hiding hundreds of pages of exculpatory evidence!. She doesn't know if that is true so she should just let the DA and grand jury  do their job. Cheers and happy weekend! 
      March 24, 2023 6:46 PM MDT
    0

  • 32879
    Then she is claiming what the.attorney is also saying he gave to Bragg. If he is legally required to submit it to the GJ, then he is could be in legal trouble himself. I have not been able to confirm that he was required. 
    But if he goes forward with the indictment, he would be required to give the docts to the Trump defense attorney. 
      March 24, 2023 7:04 PM MDT
    0

  • 845
    https://www.law.cornell.edu/wex/brady_rule


    "The Supreme Court clarified that Brady obligation extends to all prosecutors in the office. Such offices must create systems to ensure that such information is disclosed." per 
    https://whitecollarattorney.net/brady-material/#:~:text=The%20Supreme%20Court%20clarified%20that,that%20such%20information%20is%20disclosed. This post was edited by NYAD at March 24, 2023 6:52 PM MDT
      March 24, 2023 8:36 AM MDT
    2

  • 13261
    Now that’s one fine university!
      March 24, 2023 8:45 AM MDT
    0

  • 845
    Is that sarcastic? One can never tell when it's you.
    I was just looking for the simplest version to clarify the subject. Do you have a better one?
      March 24, 2023 8:57 AM MDT
    1

  • 13261
    No. Cornell Law is a great resource and Cornell is a great university, and Ithaca is beautiful country. I go back every chance I get.
      March 24, 2023 9:20 AM MDT
    0

  • 845
    OK then.
      March 24, 2023 9:21 AM MDT
    1

  • 13261
      March 24, 2023 10:37 AM MDT
    0

  • 845
    I visit Cornell (virtually) almost every day during breeding season.
    https://www.allaboutbirds.org/cams/red-tailed-hawks/#
      April 27, 2023 12:38 AM MDT
    1

  • 13261
    Between the College of Agriculture and Life Sciences and the College of Veterinary Medicine, there’s lots of work with plants and animals going on there. The Laboratory of Ornithology is a big thing. This post was edited by Stu Spelling Bee at April 27, 2023 4:49 PM MDT
      April 27, 2023 4:24 AM MDT
    1

  • 32879
    I think this referring to discovery in a criminal/civil trial, after the grand jury has voted to indict.
      March 24, 2023 6:56 PM MDT
    1

  • 845
    You know, it doesn't distinguish between a trial or grand jury. I've looked at a number of sources and can't find a definitive answer. I was thrown off by the wording "that Brady obligation extends to all prosecutors in the office".

    Looking at a number of these laws governing the rules, seem to me to be vague. It could be just me.
      April 27, 2023 4:48 PM MDT
    1

  • 32879
    Yes, it does seem some laws are vague. Perhaps, a defendant needs to sue to make them clarify the laws.
      April 28, 2023 6:50 AM MDT
    0