JURI 575 Quiz 4 Brady Violations
JURI 575 Quiz 4 Brady Violations and Due Process
Covers the Learn material from Module 8: Week 8.
- Impeachment evidence is favorable to the accused and falls within the scope of Brady.
- Failing to disclose material exculpatory evidence as required under Brady is a violation of due process.
- Under Brady a prosecutor can only violate due process when he, in bad faith, suppresses evidence favorable to the accused.
- A prosecutor’s duty to disclose evidence favorable to the accused applies even when the accused does not specifically request that information.
- A defendant does not have to provide any discovery evidence to the prosecution.
- The accused cannot move to vacate his conviction even when the prosecutor fails to disclose material evidence in violation of Brady.
- When a defendant is required to provide notice of his alibi witnesses, he is compelled to be a witness against himself in violation of the right against self-incrimination.
- Under which of the following circumstances does a prosecutor engage in a Brady violation?
- Under United States v. Bagley, a “reasonable probability” is:
- Under which of the following circumstances does a prosecutor engage in a Brady violation:
- In the case of Pennsylvania v. Richie, the Supreme Court found that a prosecutor’s failure to disclose a confidential file containing a witness’ prior statement may have violated:
- Ron Miller was convicted of assault and battery, and the sole witness against him was his ex-girlfriend, Barbara. Barbara took the stand and testified that Ron smacked her twelve times in the face before choking her to the point that she could not breathe. Barbara did not file charges until one year later shortly after she and Ron broke up. When asked why she did not report the incident immediately, Barbara said that she was scared that Ron would hurt her worse if she called the police. Ron, who had never been in trouble before, testified that the incident had never occurred, and that Barbara was just upset about the breakup. Shortly after he was convicted, the prosecutor realized that she failed to provide Ron with evidence that Barbara had previously been convicted of five prior counts of perjury and one count of shoplifting. Ron’s attorney files a motion to vacate the conviction because he could have successfully used the prior convictions to impeach Barbara’s credibility. The judge should:
- Failing to disclose exculpatory evidence in violation of Brady, violates which amendment:
- After trial, a prosecutor learns that one of her witnesses lied on the stand. When she asks the witness what he lied about, the witness explains that he lied when the defense attorney asked him what color tie he wore the day of the shooting. He wore a pink tie the day of the shooting, but he was too embarrassed to admit that, so he testified that his tie was blue. At trial, the defense attorney asked the witness what color his tie was on the day of the shooting to impeach the defendant regarding his ability to remember minute details about the day of the crime. Under Brady, the prosecutor:
- What was the court’s holding in Brady v. Maryland regarding whether the prosecutions suppression of evidence violated due process?
- What is the right of confrontation and what does the Confrontation Clause guarantee?
- Under United States v. Bagley, when is evidence considered “material” to guilt or punishment?