Brady material


Brady material

"Brady" material consists of exculpatory or impeaching information that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the U.S. Supreme Court case, "Brady v. Maryland", [373 U.S. 83 (1963)] in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process. Following "Brady", the prosecutor must disclose evidence or information that would prove the innocence of the defendant. Evidence that would serve to reduce the defendant's sentence must also be disclosed by the prosecution.

Examples

* The prosecutor must disclose an agreement not to prosecute a witness in exchange for the witness's testimony. [Giglio v. U.S., 405 U.S. 150 (1972).]
* The prosecutor must disclose leniency (or preferential treatment) agreements made with witnesses in exchange for testimony. [U.S. v. Sudikoff, 36 F.Supp. 2d 1196 (C.D. Cal. 1999); State v. Lindsey, 621 So. 2d 618 (La. Ct. App. 1993).]
* The prosecutor must disclose exculpatory evidence known only to the police. This imposes a duty on the prosecutor to review the police's investigatory files and disclose anything that tends to prove the innocence of the defendant. [Kyles v. Whitley, 514 U.S. 419 (1995).]
* The prosecutor must disclose arrest photographs of the defendant when those photos do not match the victim's description. [Commonwealth v. Tucceri, 412 Mass. 401 (1992).]

Notes

ee also

*Jencks Act
*Jencks v. United States


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  • Brady material — Bra·dy ma·te·ri·al / brā dē / n [from Brady v. Maryland, 373 U.S. 83 (1963), in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process]: evidence known to… …   Law dictionary

  • Brady material — is exculpatory information, material to a defendant s guilt or punishment, which government knew about but failed to disclose to defendant in time for trial. Defendant is denied due process if Government suppresses such material. U.S. v. Endicott …   Black's law dictionary

  • Brady material — is exculpatory information, material to a defendant s guilt or punishment, which government knew about but failed to disclose to defendant in time for trial. Defendant is denied due process if Government suppresses such material. U.S. v. Endicott …   Black's law dictionary

  • Brady (disambiguation) — Brady is a a common surname and given name.It may also refer to: Places in the United States * Brady, Nebraska * Brady, Texas * Brady, Washington * Brady Township, Kalamazoo County, Michigan * Brady Township, Saginaw County, Michigan * Brady… …   Wikipedia

  • material — ma·te·ri·al 1 /mə tir ē əl/ adj 1: of, relating to, or consisting of physical matter 2: being of real importance or consequence 3: being an essential component the material terms of the contract 4: being relevant to a subject under considerati …   Law dictionary

  • Brady v. Maryland — Infobox SCOTUS case Litigants=Brady v. Maryland ArgueDateA=March 18 ArgueDateB=19 ArgueYear=1963 DecideDate=May 13 DecideYear=1963 FullName=Brady v. State of Maryland USVol=373 USPage=83 Citation=83 S. Ct. 1194; 10 L. Ed. 2d 215; 1963 U.S. LEXIS… …   Wikipedia

  • Brady rule — n. Evidence or information favorable to the defendant in a criminal case that is known by the prosecution. Under the United States Supreme Court case of Brady v. Maryland (1963), the prosecution must disclose such material to the defendant if… …   Law dictionary

  • material — Important; more or less necessary; having influence or effect; going to the merits; having to do with matter, as distinguished from form. Representation relating to matter which is so substantial and important as to influence party to whom made… …   Black's law dictionary

  • material — Important; more or less necessary; having influence or effect; going to the merits; having to do with matter, as distinguished from form. Representation relating to matter which is so substantial and important as to influence party to whom made… …   Black's law dictionary

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