Protecting Defendants\u27 Rights: Why North Carolina Should Proceed Under the No Due Diligence Standard

Abstract

Currently, there is considerable variation in the application of Brady v. Maryland regarding how much information the prosecution must disclose. Many Courts have imposed a diligence standard upon the defense, allowing the prosecution to withhold valuable information so long as the defense could have discovered it. This is a significant departure from the original rationale for “Brady violations” that places a greater burden on the defense and yields inequitable outcomes for defendants through no fault of their own. This Comment outlines relevant Supreme Court precedent and policy implications, and it encourages North Carolina to adopt a standard that requires the prosecution to readily provide information