Those who practice criminal law are acutely aware of the Brady doctrine, which requires, as a matter of constitutional due process, that prosecutors turn over to the defense exculpatory material that is within their possession or control, including information in the possession of the police, even if unknown to the trial prosecutor.

While the application of the rule in various contexts is not always entirely clear, the principle is now a core constitutional imperative. No person should be exposed to criminal penalties when the state has concealed evidence of innocence. Fifth Amendment considerations, applicable in criminal cases, make this a one-way street; a defendant is under no obligation to reveal information that would assist the prosecution.

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