You have alleged that I have violated statute XYZ.
- Is it true that you have to present evidence to prove I violated statute XYZ in order to convict me?
- Can I be guilty of violating statute XYZ if statute XYZ does not apply to me?
- Isn't it implied in your complaint that you are claiming statute XYZ applies to me?
- Am I correct in my understanding that you are engaging in prosecutorial misconduct if you bring charges against me without evidence?
- Do you have any evidence to present, other than your assertion, that statute XYZ applies to me?
- If you do not have evidence that statute XYZ applies to me, wouldn't that fact be exculpatory evidence you are required to apprise me of according to the Brady Rule?
The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense. A "Brady material" or evidence the prosecutor is required to disclose under this rule includes any evidence favorable to the accused--evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness.
Source: Cornell Law School Legal Information Institute
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