Title: What Is a Brady Violation? | Legal Beagle
Headings: What Is a Brady Violation?
What Is a Brady Violation?
Duty to Disclose
Result of Violations
Cite this Article

Content: What Happens During an Evidentiary Hearing? How to Press Charges After an Assault
What Happens at a Probable Cause Hearing? A criminal conviction threatens a defendant’s freedom and liberty, so it stands to reason that federal law acts as a watchdog over proceedings to ensure fair trials. The Brady Rule, named after a 1963 case decided by the United States Supreme Court, governs discovery issues in criminal trials. Under its terms, the prosecution must turn over all exculpatory evidence to the defense; this is evidence that is favorable to the defendant and, therefore, might exonerate him, or impeach the credibility of a state witness. The evidence must be material to the case, meaning that if it were divulged prior to or during the trial, it would affect the verdict. Duty to Disclose
A Brady violation occurs even if the state isn’t aware that the evidence exists, such as because the police haven’t turned it over to the prosecutor. The violation doesn’t have to be intentional -- and the defense is under no obligation to ask for the evidence, as the state must disclose it voluntarily. But the defendant must prove that the undisclosed evidence was material to his case -- and that there was a reasonable probability that the outcome of the trial would have been different had the prosecutor disclosed the evidence.