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September 07, 2010



This information is clearly Brady.Go read Justice Souter in Kyles v. Whitley where he expalins that the defense is entitled to attack the "integrity" and "reliability" of the police investigation and show the jury "sloppiness" in police investigative methods.The guidelines are promulgated to ensure the integrity and reliabilty of the undercover methods to prevent the apprehension of innocent citizens.The "ploy" here is to get documents that may help establish innocence just as Justice Souter has directed us.

Prof. Dru Stevenson

Strange. Law enforcement's failure to follow its own internal procedures is not a defense to a crime - it's not even a component of the entrapment defense as used in the federal courts (which focuses only on the defendant's predisposition to commit the crime). This is either an attempt to get leverage by shaming the DOJ, or a publicity stunt, or a completely novel approach to criminal defense. This might be a defense in an administrative agency hearing, but not in a criminal case.

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