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Brady violations rampant says Chief Federal Court Judge Alex Kozinski

1/6/2014
 
In an 18 page dissent from the denial of a petition for rehearing en banc, Chief Judge of the 9th Circuit, Alex Kozinski, called for judicial reform of the justice system, citing an "epidemic of Brady violations," and calling for judges to put a stop to it. 

"The panel's ruling is not just wrong, it is dangerously broad, carrying far-reaching implications for the administration of criminal justice. It effectively announces that the prosecution need not produce exculpatory or impeaching evidence so long as it's possible the defendant would've been convicted anyway. This will send a clear signal to prosecutors that, when a case is close, it's best to hide evidence helpful to the defense, as there will be a fair chance reviewing courts will look the other way, as happened here.

A robust and rigorously enforced Brady rule is imperative because all the incentives prosecutors confront encourage them not to discover or disclose exculpatory evidence."

Read the full New York times article here. Read the full text of the dissent here