No Wrong without a Remedy: The Effective Enforcement of the Duty of Prosecutors to Disclose Exculpatory Evidence
![handle is hein.journals/okcu22 and id is 843 raw text is: OKLAHOMA CITY UNIVERSITY
LAW REVIEW
VOLUME 22 FALL 1997 NUMBER 3
ARTICLES
No WRONG WITHOUT A REMEDY:
THE EFFECTIVE ENFORCEMENT OF THE DUTY OF
PROSECUTORS TO DISCLOSE
EXCULPATORY EVIDENCE
JOSEPH R. WEEKS*
This Article addresses the issue of prosecutorial mis-
conduct where prosecuting attorneys withhold excul-
patory evidence in a criminal proceeding despite case
law requiring its disclosure. The author examines
applications of the Brady Doctrine in Oklahoma and
other jurisdictions and suggests a change in the stan-
dard by which criminal defendants could prove a
Brady violation prejudiced their convictions. The au-
thor also suggests that, for the most serious Brady
violations, prosecutors should be held personally lia-
ble for damages sustained by the defendant for wrong-
ful imprisonment.
rail' road, v.t .... 4. to cause to go to prison on a
trumped-up charge or with too hasty a trial. [Slang.]1
* Professor of Law, Oklahoma City University School of Law. I would like
to express my appreciation for my research assistants, Courtenay L. Keller,
Karen McCoy, and Leif Swedlow, without whose willing and thorough help this
article would not have been possible.
1. WEBSTER'S NEW TWENTIETH CENTURY DICTIONARY UNABRIDGED 1489 (2d
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No Wrong without a Remedy: The Effective Enforcement of the Duty of Prosecutors to Disclose Exculpatory Evidence
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