Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Brady rule

Read a random definition: spousal share

A quick definition of Brady rule:

The Brady rule is a law that says prosecutors must give the defense any important information they have that could help the defendant. This information could make the defendant's punishment less severe or show that a witness against them is not telling the truth. The rule used to only apply if the defense asked for the information, but now prosecutors have to give it even if they don't ask. If a prosecutor doesn't follow this rule, the defendant's conviction could be overturned. The defendant has to prove that the information was important and would have changed the outcome of the trial.

A more thorough explanation:

The Brady rule is a legal requirement that prosecutors must disclose any material, exculpatory information in their possession to the defense. This rule is named after the case Brady v. Maryland. The information that prosecutors must disclose is called Brady material. It includes any information that could help the defendant's case, such as evidence that could reduce their sentence or discredit an unfavorable witness.

Initially, the Brady rule only applied if the defendant requested specific information that the prosecution denied. However, in United States v. Bagley, the Supreme Court eliminated this requirement and stated that the prosecution has a constitutional duty to disclose all material, favorable information in their possession to defendants regardless of whether it is requested. This duty is breached regardless of whether that information is withheld intentionally or unintentionally.

If a Brady rule violation is discovered during trial, the court can either declare a mistrial or prohibit the prosecution from using unfavorable evidence that could be discredited by the withheld information. However, violations of the Brady rule are typically only discovered after the defendant is already convicted. As a result, the most common outcome of a Brady rule violation is overturning that conviction. Additionally, if the prosecution withheld Brady material intentionally or knowingly, they may be subject to sanctions.

The defendant bears the burden to prove that any withheld information was both material and favorable. A defendant meets this burden if they can show that there is a reasonable probability that the outcome of the trial would have been different had the information been disclosed.

Example 1: A prosecutor is handling a case where the defendant is accused of stealing a car. The prosecutor has evidence that the defendant was out of town on the day the car was stolen, but they do not disclose this information to the defense. This is a violation of the Brady rule because the evidence is favorable to the defendant and could have helped their case.

Example 2: In another case, a prosecutor has a witness who claims to have seen the defendant commit the crime. However, the prosecutor also has evidence that the witness has a history of lying under oath. The prosecutor does not disclose this information to the defense. This is a violation of the Brady rule because the evidence could have discredited the witness and helped the defendant's case.

These examples illustrate how the Brady rule requires prosecutors to disclose any information that could help the defendant's case. If the prosecution withholds this information, it can be a violation of the defendant's constitutional rights and can lead to a mistrial or overturned conviction.

Brady material | Brandenburg test

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
15:33
can we see ur mod badge?
15:41
just for u sweetie pie
15:43
woah so much swagger with dat 'm;
Dkk
15:47
@shaquilleoatmeal: more like, blow my back out by the bay boston instead of back bay boston.
Dkk
15:48
Indeed, the legendary man himself.
15:49
I would go to blow my back out by the bay boston
15:50
lift with ur back not your legs, its better to have a blown back than two bad legs
CynicalOops
15:53
Blow and back day out by boston bay
15:59
so true
Dkk
16:03
Of course. Man sad Ricky Henderson died. That was my favorite athlete of all time.
windyMagician
16:10
is it dumb that I rlly want to go to Mich even tho I have a full ride to umn
16:12
no-value as a consumer often means more than the price
Dkk
16:15
@windyMagician: Nah michigan is better than UMN
Dkk
16:15
My sister just officially graduated, yay!
16:16
awesome @Dkks sister
16:16
prolly named veronica or sarah
windyMagician
16:16
@Dkk: for public defense tho?
windyMagician
16:16
Sarah in the bathroom
texaslawhopefully
16:17
@windyMagician: not at all. Michigan is also very generous with aid, so if you get enough it makes perfect sense to take it.
windyMagician
16:17
fuck okay
windyMagician
16:17
going to my dream school is crazy
michigan also has better options if you do PD for 10 years then want to do something else
windyMagician
16:19
also would love to clerk for my federal district court even tho I know its hella competitive, I think mich sets me up better?
16:20
would be a great point to bring up when ur deciding / visiting each place- see what recent placement looks like
texaslawhopefully
16:23
For fed clerkships by far Michigan places better. I think it’s like 14-15 percent
windyMagician
16:25
sticker debt is high-key scary tho
texaslawhopefully
16:26
I’m sure you’ll get good merit aid though. Look at Michigan’s 509 report. They’re very generous.
16:34
i am going to wait patiently into january to get into a law school
16:34
then i will start tweaking
LSD+ is ad-free, with DMs, discounts, case briefs & more.