Legal Definitions - Brady rule

The Brady rule is a fundamental principle in U.S. criminal law that requires prosecutors to disclose any evidence in their possession that is favorable to the accused. This obligation stems from the landmark Supreme Court case Brady v. Maryland.

This "favorable" evidence, often referred to as Brady material, includes anything that could help the defense. This might be information that suggests the defendant is innocent, could reduce their potential sentence, or could cast doubt on the credibility of a witness for the prosecution.

The prosecutor's duty to disclose this information is automatic and constitutional. It applies whether or not the defense specifically asks for it, and it doesn't matter if the evidence was withheld intentionally or by accident.

If a Brady violation is discovered, especially after a conviction, it can lead to serious consequences, most commonly the overturning of the conviction and potentially a new trial. The defendant must demonstrate that the withheld information was both favorable to their case and "material," meaning there's a reasonable probability that its disclosure would have changed the outcome of the trial. The court assesses whether the failure to disclose undermines confidence in the verdict.

Here are some examples illustrating the Brady rule:

• Undermining Witness Credibility:

  Imagine a man is on trial for assault, and the prosecution's key witness identifies him as the attacker. After the man is convicted, his legal team discovers that the prosecutor failed to disclose a police report indicating this witness had previously identified a different person in a lineup for the same assault, and only later changed their identification after seeing the defendant's photo. This undisclosed information is favorable because it severely undermines the credibility of the key prosecution witness. If the jury had known the witness initially identified someone else, it's reasonably probable they might have had reasonable doubt about the defendant's guilt, potentially changing the trial's outcome. This would be a clear Brady violation.

• Evidence of an Alternative Suspect or Innocence:

  Consider a woman convicted of burglary. Years later, her new legal team uncovers a police incident report that was never given to the defense. This report detailed that police had found fingerprints at the crime scene belonging to a known serial burglar who operated in the same area, and these fingerprints did not match the defendant. Furthermore, the report included an anonymous tip identifying this serial burglar as the likely perpetrator. The undisclosed police report contains both exculpatory evidence (fingerprints of another suspect) and information that points away from the defendant (anonymous tip), which is favorable. Had this information been available, it could have significantly altered the defense strategy and the jury's perception of guilt, making it "material" under the Brady rule.

• Mitigating Evidence for Sentencing:

  A young man pleads guilty to a serious drug offense and receives a lengthy prison sentence. His defense attorney later learns that the prosecutor possessed, but did not disclose, a comprehensive social worker's report from a previous juvenile arrest. This report detailed the man's history of severe childhood trauma, homelessness, and exploitation by older gang members, which could have been used to argue for a lighter sentence, participation in a diversion program, or a different plea agreement. While not directly proving innocence, the social worker's report is "favorable" because it could have significantly reduced the defendant's potential sentence by providing crucial mitigating circumstances. The failure to disclose this material information, which could have led to a different sentencing outcome, constitutes a Brady violation.