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senate Bill S. 1380

Should Judges Start Cases by Reminding Prosecutors of Their Evidence Disclosure Obligations?

Argument in favor

While many federal courts have already issued their own rules governing Brady procedures, not all courts have done so. Thus, not all defendants enjoy equal protection of their constitutional right to access exculpatory evidence. By ordering courts to issue their own rules on Brady order parameters, this bill would help protect defendants' rights.

jimK's Opinion
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10/01/2019
Prosecutors know that they are basically judged on winning their cases. Time and time again that drive to win has encouraged them to restrict access to information that could aid the defense or to misrepresent, distort or misfile it. There were courts in Cleveland where the discovery phase was solely controlled by prosecutors reading their notes to defense attorneys only in response to direct questioning by defense attorneys. Police reports were not even permitted to be seen by defense attorneys, prosecutors supposedly read sections pertinent to questions asked and no more. There were some newspaper reporting of these practices and adjudicated cases that had to eventually be overturned due to these practices. If I recall correctly, the County Prosecutor had to leave office but I really do not know if any of the key issues were ever resolved nor how widespread these practices may be. Any prosecutor caught in even minor willfully engaging in questionable withholding pertinent evidence needs to be held publicly accountable- particularly with poorer defendants unable to hire their own defense lawyers.
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Robert j.'s Opinion
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10/01/2019
Disclosure is a legal obligation of the State particularly for exculpatory evidence. Without this element defendants are deprived of due process.
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Steven's Opinion
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10/01/2019
I was both a prosecutor and a defense lawyer. There’s no reason why an honest prosecutor should object to being reminded of their duties. Why not add a requirement, that they certify, under oath, that they have satisfied their discovery obligations to the best of their ability? Then, permit the court to sanction them if it turns out they willfully or deliberately did not?
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Argument opposed

Prosecutors are perfectly aware of their evidence disclosure obligations under Brady, so there’s no need to remind them of this requirement. If the goal is truly to enforce prosecutors’ disclosure of exculpatory evidence to the defense, then punishment is needed for Brady violations when they’re committed.

Doug's Opinion
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10/01/2019
No. How about those prosecutors who violate these standards be held accountable for not doing their jobs and following the law. I’m sure General Flynn would like to see those who withheld evidence face punishment.
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Ken's Opinion
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10/01/2019
Either I don’t understand this, or this bill needs some work. If the goal is to equally protect defendants rights to Brady protection with regard to prosecutors needing to hand over exculpatory evidence, why are individual courts being allowed to set the parameters instead of clearly defining what the parameters are and how they should be set in a standard and consistent manner? Also, why wouldn’t we also insist that prosecutors who deliberately conceal exculpatory evidence be disbarred and subject to criminal penalties themselves?
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Tonig's Opinion
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10/01/2019
One would think attorneys already know the protocol
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    Prosecutors know that they are basically judged on winning their cases. Time and time again that drive to win has encouraged them to restrict access to information that could aid the defense or to misrepresent, distort or misfile it. There were courts in Cleveland where the discovery phase was solely controlled by prosecutors reading their notes to defense attorneys only in response to direct questioning by defense attorneys. Police reports were not even permitted to be seen by defense attorneys, prosecutors supposedly read sections pertinent to questions asked and no more. There were some newspaper reporting of these practices and adjudicated cases that had to eventually be overturned due to these practices. If I recall correctly, the County Prosecutor had to leave office but I really do not know if any of the key issues were ever resolved nor how widespread these practices may be. Any prosecutor caught in even minor willfully engaging in questionable withholding pertinent evidence needs to be held publicly accountable- particularly with poorer defendants unable to hire their own defense lawyers.
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    No. How about those prosecutors who violate these standards be held accountable for not doing their jobs and following the law. I’m sure General Flynn would like to see those who withheld evidence face punishment.
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    Disclosure is a legal obligation of the State particularly for exculpatory evidence. Without this element defendants are deprived of due process.
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    I was both a prosecutor and a defense lawyer. There’s no reason why an honest prosecutor should object to being reminded of their duties. Why not add a requirement, that they certify, under oath, that they have satisfied their discovery obligations to the best of their ability? Then, permit the court to sanction them if it turns out they willfully or deliberately did not?
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    Prosecutors do not dependably follow through on their obligations. I see this as a necessary nudge toward fairness.
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    Prosecutors should know; but, this gives cause to punish prosecutors who withhold evidence.
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    When the office of District Attorney is an elected office, it invites men and women who are more concerned with a winning record than justice being served. Hence, anything that can ensure that defendants receive a fair trial is worth the legal tape.
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    Maybe prosecutors don't need to hear it, but if I were a defendant I would want to know what the prosecutor was required to do.
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    👍🏻👍🏻 Senate Bill S-1380 AKA the Due Process Protections Act 👍🏻👍🏻 I’m in support of and recommend the passage of Senate Bill S-1380 AKA the Due Process Protections Act which would reinforce defendants’ constitutional right to access favorable and relevant evidence obtained by federal prosecutors. Specifically, it would require federal judges to issue an order confirming their disclosure obligation under Brady v. Maryland to the prosecution and defense counsel at the start of every case. It’d also require each judicial council in which a district court is located to promulgate a model order that its courts can use at their discretion. Finally, instead of imposing burdensome requirements on prosecutors, it’d leave it to each district court to tailor their Brady order parameters. While many federal courts have already issued their own rules governing Brady procedures, not all courts have done so. Thus, not all defendants enjoy equal protection of their constitutional right to access exculpatory evidence. By ordering courts to issue their own rules on Brady order parameters, this bill would help protect defendants' rights. SneakyPete.......... 👍🏻👏🏻👍🏻👏🏻👍🏻. 9.30.19..........
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    Issuing a brief reminder like this at the outset of each case costs nothing and is particularly helpful for those who get screwed over by bad lawyers. The lawyers make are getting rich either way - why not have the judges ensure due process??
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    Either I don’t understand this, or this bill needs some work. If the goal is to equally protect defendants rights to Brady protection with regard to prosecutors needing to hand over exculpatory evidence, why are individual courts being allowed to set the parameters instead of clearly defining what the parameters are and how they should be set in a standard and consistent manner? Also, why wouldn’t we also insist that prosecutors who deliberately conceal exculpatory evidence be disbarred and subject to criminal penalties themselves?
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    One would think attorneys already know the protocol
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    Absolutely and Congress should also What are grounds for prosecutor misconduct
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    And those who withhold such information should be arrested, incarcerated and fined big time. Oh, let me not forget - disbarred, too! This behavior must NEVER be condoned in any manner. How could anyone think otherwise? Complete disclosure. Truth is paramount...
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    Why impeach: Fraud Using the power of the presidency to withhold aide to one of the worst humanitarian crisis on the planet in exchange for political favors in order to sway the 20/20 election. Threatened the life of the trump appointed Republican whistle blower. Mr. America first is sendin troops to Saudi Arabia in support of a murdering dictator who spends millions at his hotels and resorts. Corey Lewandowski testified to congress that trump ordered him to obstruct justice. Blocking information that pertains to the safety of our country from reaching congress. Has been threatening NOAA, a federal agency, with punishment if they do not disavow the truth and side with his lies. Invited the Taliban to Camp David the week of 9/11. #PussyAssBitch He’s doctoring weather maps to try and prove he’s not an idiot. Has stayed at trump properties 293 days in 3 years, that’s our tax dollars going directly into his pocket. Took money from military daycares to pay for a wall that won’t work and no one wants. The Vice President and the Attorney General are both spending tax payer dollars on trump hotels, lining his pockets and currying his favor. Privately instructed aides to skirt laws and regulations to get the wall built faster — and told them he will pardon them if necessary. Pressuring a government agency to give a contract for his wall to a company whose chief executive is a donor to one of his top GOP allies in Congress. Took hundreds of millions from 127 different projects (FEMA being one of those) for his wall. Thinks nuking a hurricane is an idea. Pushing to host the next G-7 at one of his own resorts. Taunted Iran by tweeting a classified image of an Iranian rocket that had exploded, thereby potentially compromising U.S. intelligence capabilities. His own company would save millions from the low interest rates he is demanding. Was going to give you tax cuts through your paychecks but decided not to. Destroying the economy with HIS trade war. We will soon average a 1.2 trillion deficit. He is repeating NRA talking points on background checks so expect no action taken regardless of the fact there has been 27 arrested over threats to commit mass attacks since El Paso( NOT TOLEDO). Made fun of republicans being afraid of the NRA and then caved after a 30 minute phone conversation with them. Bragged about indefinite child detention because it brings families together. Refusing flue shots, that protect us all(google influenza pandemic), to immigrant children. Attacking fellow congresswomen in really disgusting ways and making anti-Semitic remarks about Jews calling them disloyal. Thinks he’s the chosen one based on a conspiracy theory web sight. Impeachment: Obstruction of Justice. Profiting from the Presidency. Collusion - They had a meeting & lied about it. Advocating political & police violence. Abuse of power. Engaging in reckless behavior. Persecuting political opponents. Attacking the free press. Violating immigrants Right to Due Process. Violating campaign finance laws. Racist: Speaks directly to and often tweeting straight from white supremacists. Calls them very fine people. Told fellow congresswomen to go back where they came from. Called them shit hole countries. Called them murderers and rapists. Calls her Pocahontas. Took out full page adds calling for the death of five innocent black kids in New York, 1989. Literally has said in an interview he has Hitlers speeches, My New Order in his nightstand. Our Money: Spent campaign finance money on hush payments to silence a porn star he had an affair with in order to hide it from the voters. Has spent over $100 million of our tax dollars playing golf at his own golf courses. Has never divested from companies and advertises and profits off the White House. Was going to cut Medicaid and Medicare funding to pay for the tax cuts he gave to the rich. Is actively destroying farmers lives with his trade wars that we all know only hurts our pockets not Chinas. Has made the lives of every truck driver across America as well as our own, more dangerous by removing safety regulations that only benefits the pockets of the CEOs of those companies. Has removed any and all protections we had in place from work safety, environment, women’s rights, LGBTQ rights and gives that power back to the CEOs, oil companies, men and old white men. Saudi funded lobbyist rented 500 rooms at a trump hotel he never divested from right after he became president. Wonder why? Sexual Predator: Accused by more than 20 women of molestation and rape. Bragged about said molestation on tape. Has cheated on all three wives (see above). Has made sexual remarks on camera about his daughter. Belittles and bully’s strong women. Not even sure he’s aware he has two daughters. Idiot: Has allowed North Korea to grow there nuclear weapons program. Took the side of Putin over America’s own security agencies on the national stage. Lacks the intelligence and facts needed to communicate on a global level much less national one. Makes policy decisions based on FOX media. Lies when speaks. Doesn’t believe in science and quite often displays his ignorance of it. Russia: Lied about meetings with Russians. Lied about a trump tower Moscow. Personal attorney Michael Cohen (same guy who broke campaign finance laws under trumps direction) had contacts with russian officials. National Security aide Flynn resigned over Russian contacts. Jeff Sessions recused himself because of Russian contacts. Manafort resigned because of Russian contacts. Campaign foreign policy adviser Papadopoulos met with Russians then bragged about it to Australians who then turned that info over to our FBI. Sixteen campaign officials had contacts with Russia and at least nine others new about it. Russian mobster lived in trump tower. trump casino was flagged 106 times for lax money laundering standards and same Russian frequently stayed at trump casino. Has been selling real estate to Russians for years. It really is surprising how many connections to Russians this man has. Rick Scott, Marco Rubio, Bill Posey You are my representatives. OLC policy: The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions. It’s time to do your job. You swore an oath to this country, it’s people and me to uphold the constitution. The president has never upheld that oath. How do you want to be remembered?
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    No they should just simply have prosecutors disbarred after 3 strikes. Call it the new voter centered version of the 3 strikes policy.
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    Re: S. 1380 I ask why is this Republican Senator from Arkansas advocating this particular Bill. From a cursory reading and without background, the Bill seems technically unnecessary but also seems sensible enough. More importantly, it is very distressing but not very surprising to learn that some DAs are systematically withholding evidence. The suspected malefactors’ work should be investigated and if found lacking, the case findings declared invalid and the DAs given appropriate penalties up to and including disbarment.
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    Why Investigate the DNC: 👉👉Biden/Obama corruption and Quid Pro Quo From the Ukraine and China (over 1 Billion). We Have Actual Evidence! 👉👉Total Corruption from the DNC to throw 2016 election- Steel dossier Collusion/fake Russia Investigation. Clinton Foundation.
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    Yes. The poor and less educated need to be treated fairly. It shouldn’t be about what lawyers win more cases, it should be about fair and equal trials for ALL.
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    Prosecutors are perfectly aware of their evidence disclosure obligations under Brady, so there’s no need to remind them of this requirement. If the goal is truly to enforce prosecutors’ disclosure of exculpatory evidence to the defense, then punishment is needed for Brady violations when they’re committed.
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