Can a prosecutor refuse to disclose exculpatory evidence to a jury?

MultiRegion, United States of America

The following excerpt is from U.S. v. Bracy, 566 F.2d 649 (9th Cir. 1977):

It is claimed that the prosecutor refused to disclose exculpatory evidence under the doctrine taught in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Here, all of the grand jury and the Jencks Act testimony was produced. Here, there is no claim that the jury was prevented from hearing favorable evidence on the issue of guilt or that the jury was not advised of government promises, rewards, or assistance provided to government witnesses. The jury was made fully aware of all evidence of a favorable or impeaching nature prior to the case being submitted to them for decision. Thus, there can be no claim of prejudice. United States v. Agurs,427 U.S. 97, 96 S.Ct. 2392,

Page 659

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