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《Evidence Science》 2017-03
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A study on the discovery system of evidence of innocence in U.S.

Wang Xinqing;Zhang Hanwen;China Youth University for Political Sciences;Renmin University of China;  
With the recent progress in the study of criminal misjudgment in the U.S., it has been found that the main reason for misjudged cases caused by the misconduct of the prosecutor is that the prosecutor dose not present evidence of innocence. Since Brady case in 1963, more than 50 years of practice has shown that Brady rule is one of the most controversial rules in the United States. With the fact that misjudged cases caused by the prosecutor's concealment of evidence of innocence has been found, voice for intensifying the prosecutor's discovery obligation regarding evidence of innocence has become increasingly strong. Nonetheless, several rounds of reform have ended in failure. Although the practice is not satisfying, the study has shown that the prosecutor to present evidence of innocence to prevent miscarriages is rather important. The relevant experience and lessons of the U.S. are of great significance in preventing the miscarriage of justice and constructing the evidence system in China.
【Key Words】: Discovery of evidence of innocence the brady rule Misconduct of the prosecutor
【CateGory Index】: D971.2;DD915.3
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