PROSECUTOR'S CONSTITUTIONAL DUTY TO DISCLOSE EXCULPATORY EVIDENCE IN THE ABSENCE OF A FOCUSED REQUEST FROM THE DEFENSE - UNITED STATES V AGURS

• NCJ Number: 39272
• Journal: American Criminal Law Review Volume: 14 Issue: 2 Dated: (FALL 1976) Pages: 319-334
• Author(s): P W DEITZ
• Date Published: 1976
• Length: 16 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE SUPREME COURT RULING IN US V AGURS (1976) WHICH ESTABLISHED A STANDARD OF REVIEW DEFINING THE PROSECUTOR'S DUTY TO VOLUNTEER EXCULPATORY INFORMATION AND IDENTIFIES THE SANCTION FOR BREACH OF THAT DUTY.

Abstract

IN AGURS, THE COURT HELD THAT A CONVICTED CRIMINAL DEFENDANT WILL NOT BE GRANTED A NEW TRIAL ON THE GROUND THAT THE PROSECUTOR FAILED TO VOLUNTEER UNREQUESTED INFORMATION UNLESS THE UNDISCLOSED INFORMATION CREATES A REASONABLE DOUBT AS TO THE DEFENDANT'S GUILT. THIS NOTE ANALYZES THE FACTS OF THE CASE AND SURVEYS PREVIOUS FEDERAL CASE LAW DEALING WITH DUE PROCESS REQUIREMENTS FOR PROSECUTORIAL DISCLOSURE. THE STANDARD OF REVIEW ESTABLISHED BY THE AGURS COURT IS REVIEWED. THE AUTHOR CONCLUDES THAT THE AGURS DECISION REFLECTS THE COURT'S DESIRE TO SEE EXPANSION OF CRIMINAL DISCOVERY ACCOMPLISHED THROUGH PROCEDURAL REFORM AND NOT THROUGH CONSTITUTIONAL INTERPRETATION. (AUTHOR ABSTRACT MODIFIED)...EB