Recently Introduced Legislation Would Substantially Expand the Rights of Federal Criminal Defendants Concerning Exculpatory Evidence
On the heels of last month’s release of a report concerning alleged prosecutorial misconduct in the prosecution of former U.S. Senator Ted Stevens, federal lawmakers are considering legislation that would establish nationwide rules concerning the nature of exculpatory evidence that federal prosecutors must disclose to criminal defendants and the timing of that disclosure. The bill has received bipartisan support from several members of Congress as well as the American Bar Association, the National Association of Criminal Defense Lawyers, and the American Civil Liberties Union. If enacted, the legislation would substantially expand the scope of exculpatory evidence that must be disclosed under the Supreme Court’s longstanding Brady v. Maryland decision.