![]() 14 And, it is well established that the criminal defendant’s right to favorable material includes impeachment material. This right is so vital to ensuring that criminal defendants have a fair trial that a prosecutor’s suppression of evidence favorable to the accused as to either guilt or sentencing violates due process “irrespective of the good faith or bad faith of the prosecution.” 13 The duty to disclose may exist even when the defendant failed to request the favorable material. Maryland 12 held that a criminal defendant has a due process right to the prosecutor’s disclosure of favorable material. The Brady Due Process Right - A Quick Overview My major purpose here is to do what the Supreme Court has failed to do, namely, analyze these Supreme Court decisions in a cohesive manner. The impact of these Supreme Court decisions, however, is far greater than the sum of their parts. 11 The Supreme Court has decided these issues on a case-by-case basis without considering their overall impact on the enforcement of Brady under § 1983. Thompson rejected the§ 1983 Brady claims even though the plaintiffs were victims of wrongful convictions resulting in lengthy terms of imprisonment. Thompson 10 imposed very stringent standards for imposing § 1983 municipal liability for Brady violations. ![]() Goldstein, 9 the Court granted supervisory prosecutors charged with Brady violations absolute immunity from § 1983 monetary liability. Humphrey 8 the Court held that a § 1983 damages claim challenging a conviction or sentence is not cognizable unless and until the conviction or sentence is overturned. Unfortunately, a series of Supreme Court decisions has sharply limited the availability of § 1983 to vindicate Brady rights. This reality makes the availability of a § 1983 damages remedy for Brady violations all the more inoperative. Pachtman 5 the Supreme Court observed that holding a prosecutor immune from § 1983 liability “does not leave the public powerless” to punish and deter constitutional violations by prosecutors because prosecutors are subject “to professional discipline by an association of his peers.” 6 Nevertheless, study after study and report after report supports the harsh reality that prosecutors are very rarely subject to professional discipline, either internally within district attorney’s offices or externally by bar disciplinary committee, even for flagrant misconduct. Maryland 4 by state or local authorities may gave rise to a claim for money damages under § 1983. 3 A claimed violation of due process rights guaranteed by Brady v. Section 1983 is designed to compensate and deter constitutional violations under color of state law 1 by authorizing recovery of both compensatory 2 and punitive damages. ![]() It authorizes individuals to enforce their constitutional rights against state and local officials and municipalities. However, this content, and others like it, is available to everyone in order to educate the public on why criminal justice reform is a necessity. It’s normally restricted to just NACDL members. ![]() Access to The Champion archive is one of many exclusive member benefits.
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