Attorney Richard S. Jaffe Co-Authors Nationally Published Article on Exculpatory Evidence
Jaffe, Hanle, Whisonant & Knight, P.C. is proud to share that our founding and senior partner, Attorney Richard S. Jaffe, has co-authored a nationally published article on the critical issue of exculpatory evidence in criminal defense.
The piece, titled “Brady Wrapped in Jencks Packaging: How Categories of Exculpatory Evidence Can Be Conflated to Delay Production, and How Defense Counsel Can Fight Back,” appears in both The Champion magazine, published by the National Association of Criminal Defense Lawyers (NACDL), and JD Supra, a widely respected legal news platform.
In the article, Attorney Jaffe and his co-author explore how prosecutors may delay disclosing “core” Brady material by disguising it as Jencks Act material—tactics that can undermine a defendant’s ability to prepare a full defense.
The article urges defense attorneys to recognize and challenge these practices, push for timely disclosures, and protect the rights of the accused through informed advocacy.
The Article: “‘Brady Wrapped in Jencks Packaging’ How Categories of Exculpatory Evidence Can Be Conflated to Delay Production, and How Defense Counsel Can Fight Back”
“Brady Wrapped in Jencks Packaging” explores a critical procedural challenge in criminal defense: the conflation of distinct categories of exculpatory evidence. The article breaks down how prosecutors may delay the disclosure of core Brady material by embedding it within Jencks material—witness statements that are not typically required to be turned over until trial has begun.
This tactic, particularly in jurisdictions where “Jencks trumps Brady,” can deprive defense counsel of the time necessary to investigate and make effective use of exculpatory evidence—undermining due process in the process. The article equips defense lawyers with practical tools to recognize, challenge, and prevent such delayed disclosures.
The National Association of Criminal Defense Lawyers’ “The Champion” Magazine
The Champion magazine is the flagship publication of the National Association of Criminal Defense Lawyers (NACDL), widely recognized for its insightful, practitioner-focused content. Written for and by defense attorneys, The Champion covers a wide range of topics critical to the criminal defense field.
Topics addressed include search and seizure, DUI/DWI, grand jury practice, habeas proceedings, the exclusionary rule, death penalty litigation, RICO, sentencing, forfeiture, and white collar defense. It is a go-to resource for staying current on developments and strategies in criminal law.
NACDL’s broader mission is to reform flaws and inequities in the criminal justice system while advancing the rights of the accused. The organization works alongside diverse coalitions to challenge systemic racism and promote fairness, transparency, and accountability.
Through education, advocacy, and thought leadership, NACDL equips its members to defend constitutional rights and pursue justice at the highest level.
JD Supra: Legal News
JD Supra is a leading platform for legal news, analysis, and thought leadership, connecting attorneys, law firms, and organizations with readers seeking reliable insight into today’s most important legal developments.
Featuring articles written by professionals across every area of law, JD Supra publishes commentary on litigation trends, legislative changes, regulatory updates, and emerging legal issues affecting businesses and individuals alike. With a global readership and a reputation for quality and credibility, JD Supra serves as a trusted resource for staying informed about the evolving legal landscape.
By publishing on JD Supra, attorneys share their knowledge with a broad audience, helping to educate both legal professionals and the public on complex issues shaping the justice system.
Turn to Jaffe, Hanle, Whisonant & Knight, P.C. For Experienced, Competent Legal Help
Attorney Richard S. Jaffe’s published work reflects the firm’s broader commitment to excellence in criminal defense. If you or a loved one is facing serious charges, you deserve a legal team that understands the law, anticipates prosecutorial strategies, and aggressively defends your rights.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. today to schedule a confidential consultation with a criminal defense lawyer and get the experienced representation you need.
For more information, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800