NCJ Number
26349
Journal
De Paul Law Review Volume: 21 Dated: (1971) Pages: 422-484
Date Published
1971
Length
63 pages
Annotation
ANALYSIS OF CASE LAW EVOLVING FROM THE SUPREME COURT DECISION IN MOONEY V HOLOGAN (1935) WHICH HELD THAT THE PROSECUTOR'S KNOWING USE OF PERJURED TESTIMONY VIOLATED THE DEFENDANT'S DUE PROCESS RIGHTS.
Abstract
THE RELATIVE RIGHTS AND RESPONSIBILITIES OF BOTH THE PROSECUTION AND DEFENSE ARE DEFINED THROUGH RELEVANT STATE AND FEDERAL DECISIONS OF EACH FEDERAL APPELLATE CIRCUIT AND SUPREME COURT OPINIONS WHERE EXPRESSED. SIX MAJOR PROBLEMS AREAS ARE DELINEATED - DUTIES OF THE PROSECUTION, NEED FOR A DEFENDANT'S REQUEST, MATERIALITY NEGLIGENT SUPPRESSION BY THE PROSECUTION, AND USE OF FALSE TESTIMONY OR EVIDENCE BY THE PROSECUTION. SUBSTANTIVE AND PROCEDURAL LAW ARE NOT DIFFERENTIATED.