Innocent Have Rights Too: Expanding Brady v. Maryland to Provide the Criminally Innocent with a Cause of Action against Police officers who Withhold Exculpatory Evidence, The
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Authors
Bhave, Sunil
Issue Date
2012
Volume
45
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Imagine being charged with a crime you did not commit. The accusations embarrass you, your spouse, your parents, and your children. You are innocent, so you hire a lawyer-a pricey lawyer-to defend you. You have spent a lot of money to defend your good name and your character and, in the end, you are acquitted.|Now suppose that soon after your acquittal you discover that the police withheld exculpatory evidence from the prosecutor in an effort to secure a false conviction. You feel taken advantage of and violated. Not only have you spent a lot of money to defend yourself, but you also have endured the social stigma attached to being charged with a crime. However, can you sue the police who "wronged" you? And to a broader inquiry, did the police "wrong" you?|This Article examines the issue of suing police officers civilly for money damages, pursuant to 42 U.S.C. § 1983, under Brady v. Maryland, where the plaintiff has not been convicted of criminal charges. A civil rights suit brought pursuant to § 1983 can be an effective way for plaintiffs to redress the constitutional wrongs that police officers have committed against them. Through the possibility of compensatory and punitive damages, § 1983 suits against police officers could serve as an effective deterrent against the withholding of exculpatory evidence to obtain convictions. But can a criminally innocent plaintiff sue civilly under Brady...
Description
Citation
45 Creighton L. Rev. 1 (2011-2012)
Publisher
Creighton University School of Law