发言原文
3. Brady v. Maryland (1963) If the "exonerating evidence" was held by the prosecutor and only came to light during sentencing, the judge is bound by the Brady Rule. • The Law: Prosecutors must turn over all exculpatory evidence (evidence favorable to the defendant). • The Consequence: If a judge is made aware of a Brady violation during sentencing and ignores it, they are committing a reversible error. The conviction itself is usually vacated before the sentence is even handed down. 4. The Eighth Amendment (Cruel and Unusual Punishment) Sentencing an innocent person is the definition of "cruel and unusual." • The Rule: While the Supreme Court is split on whether "actual innocence" is a standalone constitutional claim, they have made it clear in cases like Herrera v. Collins (1993) that the execution (or imprisonment) of a person who is factually innocent would be a "constitutional nightmare." Why might a judge seem to ignore it? There is a legal distinction between "ignoring" and "ruling against."