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Brady Material

Brady Material Law

What is Brady Material Law?

Brady Material Law is the requirement for the prosecution to disclose any information that could be helpful for the case of the defense and that could help reduce the sentence of the defendant. In many cases, prosecutors will discover Brady Material, evidence that could help the defense to prove the innocence of an individual, but suppress it to increase their chances of winning a trial. This doctrine arose from the Supreme Court case Brady vs. Maryland in 1963. Infringements of this requirement include not disclosing:

 

  1. Evidence implicating someone else as the perpetrator of a crime
  2. Inconsistencies in a witness’s previous statements (Giglio Material)
  3. Evidence that would suggest police or forensic technician misconduct
  4. Motive(s) for a witness to lie

 

Despite the Supreme Court ruling, Brady violations still occur. To correct these violations, an extensive post-conviction investigation is needed. The evidence may be so well suppressed that luck is involved in discovering it. In addition, it is extremely difficult to discipline prosecutors that violate the Brady Material Law through the State Bar Association or civil courts.



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