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87 St. John's L. Rev. 1 (2013)
Legally Blind: Hyperadversarialism, Brady Violations, and the Prosecutorial Organizational Culture

handle is hein.journals/stjohn87 and id is 9 raw text is: ARTICLES LEGALLY BLIND: HYPERADVERSARIALISM, BRADY VIOLATIONS, AND THE PROSECUTORIAL ORGANIZATIONAL CULTURE HADAR AVIRAm INTRODUCTION ............................................2 I. CONNICK V. THOMPSON: AN EXERCISE IN PROSECUTORIAL MISCONDUCT ..........................6 A. The Facts .....................................6 B. Deliberate Indifference or Individual Misstep?: Justice Thomas' Opinion......................9 C. Was This a Brady Violation?: Justice Scalia's Concurrence ...................... .........11 D. Systemic Disregard?: Justice Ginsburg's Dissent ........13 II. BRADY AND DISCOVERY ..................... .....14 A. Discovery and Adversarialism......... .........14 B. Subverting Adversarialism: Discovery of Exculpatory Evidence ......... ...............16 C. Responsibility for Discovery: The Agurs-Bagley Debate ................................... 17 D. When Bad Faith Matters: Destruction of Evidence and Youngblood .............. ..... .........20 III. INTERLUDE: DISCOVERY VIOLATIONS IN THE CONTEXT OF § 1983 LAWSUITS ............................22 Associate Professor, University of California, Hastings College of the Law. I am grateful to Rory Little and Tom Oster, as well as to the participants of the Constitutional Law Colloquium at Loyola University Chicago School of Law, for their helpful comments, and to Ryan Newby and James Nolan for their excellent research assistance. I am also grateful to all my friends at the University of Hawai'i at Minoa for their support during my work on this Article. Please address all correspondence to aviramh@uchastings.edu. 1

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