Big Data Prosecution and Brady

Abstract

Prosecutors are joining the big data revolution.  Centralized big data systems now track offenders, places, and groups allowing prosecutors to link crimes by time, place, associations, or other connections. But as helpful as these new forms of centralized data collection might be for investigators, there remains a critical open issue: the systems were not designed to identify the exculpatory and impeaching material prosecutors are required to disclose under Brady v. Maryland.  This Article is the first to examine the design flaw at the core of the intelligence-driven prosecution model – a flaw that creates a due process problem that threatens to undermine the legality and legitimacy of this innovation.

By uclalaw