Discuss the Brady rule and how it relates to evidence in a criminal trial

What will be an ideal response?


In Brady v. Maryland (1963) the Supreme Court held, "The suppression by the prosecution of evidence favorable to the accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.". The Brady rule, as it is now called, says that exculpatory evidence—evidence that tends to show innocence of the accused—must be disclosed. Investigators who are aware of such evidence are obligated to bring it to the prosecutor's attention. When officers intentionally withhold exculpatory material from the prosecution, they leave themselves open to personal liability for violating a defendant's due process rights.

Criminal Justice

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Criminal Justice