Suppression by the prosecution of exculpatory evidence upon request by the defense may result in a mistrial or new trial on appeal only if the suppression was done in bad faith.

Question

Quizplus · Accepted Answer

The statement is incorrect. Suppression of exculpatory evidence by the prosecution upon request by the defense may result in a mistrial or new trial on appeal even if the suppression was not done in bad faith. This is known as a Brady violation, after the Supreme Court case Brady v. Maryland.

Suppression by the Prosecution of Exculpatory Evidence Upon Request by the Defense