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Assume that you are the prosecutor in the misdemeanor traffic division of the Bazalia County Prosecutor’s Office. You are assigned a Driving Under the Influence (DUI) case. The police department which made the arrest in the case utilizes, by policy, “dashcam” video, and the arresting officer in the case reports that a “dashcam” video did record the initial stop of the defendant, the defendant’s performance of field sobriety tests, and all interactions with the defendant leading up to his arrest. Sometime prior to trial, the “dashcam” video disappears, without explanation. You are unable to tender it to the defense in discovery. As a result, the defense attorney in the case claims that a Brady Violation has occurred and requests that the judge not allow the prosecution to present any evidence concerning what may be included on the video.
Based upon what you know about the Brady rule and the prosecution’s discovery obligations, if you were the judge, what would you do and why? You may write this in 1st person, assuming the perspective of the judge in the case. In your discussion, be sure to explain the facts and holding (rule) from the Brady v. Maryland case, and fully support your ruling as the judge. This should be no less than 2 full pages, not counting cover and reference pages.
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