Title: Criminal Discovery: The Right to Evidence Disclosure | Lawyers.com
Headings: Criminal Discovery: The Right to Evidence Disclosure
Criminal Discovery: The Right to Evidence Disclosure
Types of Discovery
Other forms of discovery include—but certainly aren’t limited to—
The Right to Discovery: Brady Material
Exculpatory Evidence
Brady v. Maryland
Brady Violations
Federal and State Discovery Statutes
Questions for Your Attorney

Content: Material” is generally shorthand for “relevant”; it’s often used to refer to evidence that, if disclosed, could affect the outcome of a case. Exculpatory Evidence
The Constitution does, however, require that the prosecution disclose to the defense exculpatory evidence within its possession or control. “ Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).) Defense attorneys routinely submit requests for discovery, and they make sure to ask for the above evidence, which often goes by “ Brady material.” The government violates the law by not turning over this kind evidence, even if the failure to disclose wasn’t intentional or was beyond the prosecution’s control.