Legal Definitions - Brady material

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.