The Brady Rule: Protecting an Individual’s Right to Due Process

WHAT IS THE BRADY RULE?

The Brady Rule was initially announced in the United States Supreme Court case Brady v. Maryland, 373 U.S. 83 (1963). In 1963, the Brady Court held "that the suppression by the prosecution of evidence favorable to an 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."[1] Several additional Supreme Court cases were subsequently decided, and that line of legal history serves to define the implications of Brady. The basic effect of Brady and those later cases operates as a requirement for exculpatory evidence obtained by the prosecutor or police be disclosed to defense. This evidence may take many forms and may not be readily apparent to a lay person attempting to represent themselves.

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HOW CAN AN ATTORNEY HELP?

A criminal defense attorney plays a vital role in examining the existing evidence, identifying gaps in evidence, and strategizing to diligently advocate for a client’s fair treatment under the law. Among the ways a criminal defense attorney can assist in ensuring Brady compliance is through:

• Filing Discovery Motions: Attorneys formally request the prosecution to produce all evidence, particularly any that may be favorable to the defense.

• Investigating Case Facts: Skilled lawyers conduct independent investigations, interview witnesses, and review police reports to identify potential undisclosed evidence.

• Challenging Non-Disclosure: If attorneys suspect that key evidence has been withheld, they can file motions to compel disclosure or seek judicial intervention.

• Ensuring Fair Trials: By advocating for full disclosure, attorneys protect their clients' constitutional rights and work to prevent wrongful convictions.

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CONCLUSION

The Brady Rule has been a safeguard for criminal defendants since 1963. A criminal defense attorney will advocate to preserve their client’s rights and ensure the prompt disclosure of evidence. The importance of preventing Brady violations cannot be underscored, and timely disclosure of exculpatory evidence is necessary to prevent miscarriage of justice. 

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[1] Brady v. Maryland, 373 U.S. 83, 87 (1963): The Brady Court held "that the suppression by the prosecution of evidence favorable to an accursed 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."