Criminal procedure
Brady Material
Brady material is evidence favorable to the defendant that the prosecution must turn over, including anything that undermines guilt or a witness's credibility.
The duty comes from the Constitution rather than a discovery rule, it applies whether or not the defense asks, and it covers information known to the police even if the prosecutor has not seen it. Impeachment material about cooperating witnesses is included.
A violation matters only if the suppressed evidence was material, meaning there is a reasonable probability the outcome would have differed. Late disclosure during trial is a recurring source of mistrials and reversals.
For docket readers, Brady disputes are a reliable sign of a contested case. Motions demanding disclosure, and orders setting deadlines for impeachment material, mean the defense is preparing to try the case rather than negotiate it.
How it appears on a docket
ORDER granting defendant's motion for disclosure of Brady and Giglio material; the government shall produce impeachment material for cooperating witnesses no later than 30 days before trial.
Governing rule
Brady v. Maryland, 373 U.S. 83 (1963); Fed. R. Crim. P. 16
Related terms
- Jencks Material — Jencks material is a government witness's own prior statements, which the defense is entitled to receive after that witness testifies.
- Motion to Suppress — A motion to suppress asks the court to exclude evidence because it was obtained in violation of the defendant's constitutional rights.
More on criminal procedure
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