New York Law Journal Article about Brady Violations

What are Brady violations? “Brady” refers to a seminal US Supreme Court case from 1963; wherein, the prosecutor withheld evidence critical to the defense of the accused, which resulted in his conviction. See: Brady v. Maryland, 373 US 83 (1963). The accused, Mr. Brady, challenged his conviction – unsuccessfully. However, his case established a core due process principle that the prosecutor cannot withhold exculpatory evidence that is material to the guilt or punishment of a person accused of a crime. Exculpatory evidence is “material” if “there is a reasonable probability that his conviction or sentence would have been different had these materials been disclosed.”Brady evidence includes statements of witnesses or physical evidence that conflicts with the prosecution’s witnesses,and evidence that could allow the defense to impeach the credibility of a prosecution witness.

However, Brady violations continue to this day. The net effect is that people are wrongfully convicted and innocent people suffer imprisonment or worse. “The withholding of information favorable to the accused is abhorrent, as it violates the core principles of Brady, and is contrary to the duty of a prosecutor to seek justice—not merely convictions.” Perhaps if Brady violations didn’t happen this map would look very different.

Read more here: A Personal Reflection on Brady Violations.

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