Can someone help me understand this law term ???!?
Pursuant to Rule 3.220(b)(4), any material or information within the State’s possession or control that tends to negate the guilt of the accused as to any offense charged, including, but not limited to, the following:
(a) In general, any and all so-called “Brady Material,” pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. Thus, Defendant specifically demands notice of and an opportunity to see, examine, and copy all such information, statements, objects, expert opinions, test results, or other material which is, or may be, exculpatory to, or of, the accused, including any firearms, blood, breath, urine, semen, or other bodily fluids, fingerprints, hair, powder burns, handwriting, photos, witness statements, testing equipment (including, within the last twelve months, any breakdowns, malfunctions, erroneous operation, erroneous calculations, or erroneous repairs and/or conclusions).
(b) Any statement given by or made by any person shown in response to Paragraph 1, which is inconsistent with any other statement made by such witness. Such statements should include any and all oral or written statements by such witnesses.
(c) Any promises of immunity, leniency, or recommendation made to any witness shown in response to Paragraph 1, or any attorney or representative on his or her behalf.
(d) Any and all offers for delivery, or express or implied agreements for future delivery, of a reward or compensation of any kind or description to any person shown in response to Paragraph 1 as payment or in return for his or her participation, cooperation, or testimony in this cause. This request is to be construed as requiring disclosure of any such reward or compensation in addition to or in excess of statutory witness fees or regular salary compensation to sworn law enforcement officers.
(e) Any and all threats to prosecute any witness shown in response to Paragraph 1 when such threats were made by the prosecutor or any other agent for the State of Florida or the United States of America.
(f) Information or evidence as to any eyewitness identification made by any person, including, but not limited to, those witnesses shown in response to Paragraph 1, which witnesses have identified a person other than the accused as being the perpetrator of the offense charged.
(g) Information or evidence as to any description of the alleged perpetrator of the charged offense by any persons who purport to be eyewitnesses to the charge, which information or evidence does not, in some material respect, match the physical description of the accused.
- Raoul DukeLv 76 years agoFavorite Answer
it means if the state (prosecutors, DA, whatever) has any evidence that can actually hurt their case but help your case, they must make it known to the court, they aren't allowed to withhold evidence that may hurt them and help you.