POSTVERDICTS LAW LIBRARY
What Is Brady Evidence?
Brady evidence is evidence favorable to the accused that the prosecution had a constitutional duty to disclose. A Brady claim generally examines whether the evidence was favorable, whether the government suppressed it, and whether it was material to guilt or punishment.
General educational information only. Not legal advice.
Important terms
Exculpatory evidence tends to support innocence or reduce culpability.
Impeachment evidence can be used to challenge a witness's credibility, bias, motive, or reliability.
Materiality asks whether there is a reasonable probability that disclosure would have produced a different result, considering the suppressed evidence collectively.
Why it can matter
A Brady claim may arise when records, agreements, benefits, inconsistent statements, forensic material, or information known to members of the prosecution team were not disclosed.
The analysis focuses on the evidence's value in the context of the whole case, not simply whether the item was relevant.
Limits to keep in mind
Not every nondisclosure is a constitutional violation. The evidence must be favorable and material under the governing standard.
Disputes can arise about whether the defense already knew or reasonably could access the information and whose knowledge is attributed to the prosecution team.