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Simple English definitions for legal terms

Brady material

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A quick definition of Brady material:

Brady material is important evidence that can help someone who is accused of a crime. The law says that the people who are trying to prove that someone is guilty have to share this evidence with the person who is accused. This is called the "Brady rule." The evidence has to be helpful to the person who is accused, and it has to be something that the people trying to prove guilt knew about but didn't share. If the people trying to prove guilt don't share this evidence, the person who is accused might be able to get a new trial.

A more thorough explanation:

Definition: Brady material refers to evidence that is favorable to a defendant in a criminal case and must be disclosed by the prosecution to the defense. This rule was established by the United States Supreme Court in the case of Brady v. Maryland in 1963. The prosecution has a constitutional duty of due process to disclose material evidence that could help the defendant's case.

For example, if the prosecution has evidence that shows the defendant is innocent or that a witness is lying, they must disclose this evidence to the defense. If they fail to do so, the defendant can use the Brady material to get a new trial.

The Brady material has three components:

  • The evidence must be favorable to the accused, either because it is exculpatory (shows innocence) or because it is impeaching (shows a witness is lying).
  • The evidence must have been suppressed by the State, either willfully or inadvertently.
  • Prejudice must have ensued, meaning that the defendant was harmed by the suppression of the evidence.

Once these elements are met, a Brady violation is established and the defendant may be entitled to a new trial.

It's important to note that the prosecutor is not required to disclose entire files, but only evidence that is favorable to the defendant. The defendant must also demonstrate that the evidence, if disclosed, could affect the outcome of the trial or undermine confidence in the verdict.

Overall, Brady material is an important aspect of due process in criminal cases that ensures a fair trial for the defendant.

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TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
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18:48
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true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
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