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13 LITIGATING BRADY V. MARYLAND: GAMES PROSECUTORS PLAY Bennett L. Gershman† INTRODUCTION By any measure, Brady v. Maryland1 has not lived up to its expectatiions Brady’s announcement of a constitutional duty on prosecutors to disclose exculpatory evidence to defendants embodies, more powerffull than any other constitutional rule, the core of the prosecutor’s ethical duty to seek justice rather than victory.2 Nevertheless, prosecuttor over the years have not accorded Brady the respect it deserves...

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