What is a Brady Rule violation?

A “Brady Violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes. Everyone has the right to due process and a fair trial.

What is an example of a Brady violation?

Examples of Brady material that must be disclosed include: Inconsistent descriptions by different witnesses of the criminal or the crime. Pending charges against the police informant.

Why is it called a Brady violation?

The term comes from the 1963 U.S. Supreme Court case Brady v. Maryland, in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process.

What does the Brady rule mean?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

What is a Brady issue?

Brady issues typically arise when a prosecutor gets tunnel vision because he or she is so convinced the defendant is guilty of the crime.

What is a 'Brady' violation?

What happens after a Brady violation?

Consequences of a Brady violation can include having a conviction vacated, as well as disciplinary actions against the prosecutor.

When must Brady material be disclosed?

Because they are Constitutional obligations, Brady and Giglio evidence must be disclosed regardless of whether the defendant makes a request for exculpatory or impeachment evidence. Kyles v. Whitley, 514 U.S. 419, 432-33 (1995).

What's a Brady list?

A Giglio or Brady list is a list compiled usually by a prosecutor's office or a police department containing the names and details of law enforcement officers who have had sustained incidents of untruthfulness, criminal convictions, candor issues, or some other type of issue placing their credibility into question.

What are examples of exculpatory evidence?

Exculpatory evidence includes any evidence that may prove a defendant's innocence. Examples of exculpatory evidence include an alibi, such as witness testimony that a defendant was somewhere else when the crime occurred.

What is exculpatory evidence under Brady?

To ensure access to this evidence, called exculpatory evidence, the United States Supreme Court has ruled that prosecutors must disclose “exculpatory” evidence, which means evidence that tends to demonstrate innocence. This rule was announced in the 1963 case, Brady v. Maryland.[ 1]

What is a Marsden hearing?

A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney, without the presence of the prosecutor.

What is the Giglio rule?

In the 1963 Brady v. Maryland case, the Supreme Court held that prosecutors must disclose any exculpatory evidence to the accused material to his guilt or punishment. Subsequently, in the 1972 Giglio v.

Does the prosecutor have to disclose all evidence?

Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

What are 3 things the prosecutor has discretion deciding?

Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining.

What is considered Jencks material?

Jencks material is evidence that is used in the course of a federal criminal prosecution in the United States. It usually consists of documents relied upon by government witnesses who testify at trial. The material is described as inculpatory, favoring the United States government's prosecution of a criminal defendant.

What kind of evidence tends to prove a defendant's innocence?

But what other kind of evidence is exculpatory? The law says ''any evidence'' that tends to show innocence of the defendant is included. This can include crime scene evidence, witness testimony, DNA results, and medical records.

What are the 4 types of evidence?

What is it called when you withhold evidence?

Spoliation of evidence is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding.

Does Florida have a Brady list?

Below is the Florida Brady List. The List includes all known issues of police misconduct, do not call status, decertifications, public complaints, use-of-force reports, and citizen reports.

What is the Brady list in California?

(See generally Penal Code section 832.7.) A Brady list is kept by some law enforcement agencies to track officers that the agency has identified as having exculpatory or impeachment information in their personnel files to help administer disclosure to prosecutors.

How does a Pitchess motion work?

Motion granted. If a court grants a Pitchess motion, and the judge finds records relevant to a defendant's defense, the records are not typically turned over. Rather, the judge provides the defendant the name and contact information of anyone that previously filed a complaint against the officer.

Can evidence be submitted after discovery?

After-discovered evidence, or newly discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial. After-discovered evidence is an issue predominantly in criminal proceedings and may be used as the basis for a motion for a new trial.

What type of evidence tends to show innocence of the accused and must be disclosed?

Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.

Which motions demand that the prosecutor reveal exculpatory information?

Brady motions demand which of the following? That the prosecutor reveal exculpatory information.