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The New York Times editorial board has written a terrific commentary on prosecutorial misconduct, noting the structural problems that have given rise to the “rampant” suppression of favorable evidence by prosecutors in criminal cases.

“The Brady problem is in many ways structural. Prosecutors have the task of deciding when a piece of evidence would be helpful to the defense. But since it is their job to believe in the defendant’s guilt, they have little incentive to turn over, say, a single piece of exculpatory evidence when they are sitting on what they see as a mountain of evidence proving guilt. The lack of professional consequences for failing to disclose exculpatory evidence only makes the breach of duty more likely. As Judge Kozinski wrote, “Some prosecutors don’t care about Brady because courts don’t make them care.””

Read the editorial here.

Read our previous posts on the dissent of Chief Judge Alex Kozinski of the 9th Circuit, which signposted an “epidemic” of Brady violations in our criminal justice system.

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