Title: What Is a Brady Violation?
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What Is a Brady Violation?
What Is a Brady Violation?
American Bar Association Weighs into Brady
Favorable, Not Necessarily Admissible
Evidence Not Disclosed
Has Confidence in Outcome Been Undermined?
Preservation of Evidence
Defense Must Request Discovery/Brady Immediately
Federal Criminal Discovery
Jencks Act
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Content: What Is a Brady Violation? The Supreme Court in 2006 succinctly answered this question in Youngblood v. West Virginia: “A Brady violation occurs when the government fails to disclose evidence materially favorable to the accused. This Court has held that the Brady duty to disclose extends to impeachment evidence as well as exculpatory evidence, and Brady suppression occurs when the government fails to turn over even evidence that is ‘known only to police investigator and not to the prosecutor.’ ‘ Such evidence is material if “there is a reasonable possibility that had the evidence been disclosed to the defense, the result of the proceeding would have been different”,’ although a ‘showing of materiality does not require demonstration by a preponderance of the evidence that disclosure of the suppressed evidence would have resulted ultimately in the defendant’s acquittal.’ The reversal of a conviction is required upon a ‘showing that the favorable evidence could reasonably be taken to put the whole case in such a different light as to undermine confidence in the verdict.’” Over the next 50 years, the Supreme Court revisited Brady in twelve major decisions including Youngblood. Those cases are listed below: Giles v. Maryland (U.S. 1967): After having been convicted of rape in a Maryland state court, defendants brought a post-conviction proceeding alleging that the prosecution denied them due process of law by suppressing evidence favorable to them and by the knowing use of perjured testimony against them.