Brady Violations — Law Library

Statutes & Rules

Due Process Clause (U.S. Const. amend. XIV, § 1)

Prohibits states from depriving any person of life, liberty, or property without due process of law — the foundation of Brady obligations.

Discovery and Inspection (Fed. R. Crim. P. 16)

Federal rule requiring the government to disclose documents, data, and tangible objects upon defendant's request.

Producing a Witness's Statement (Fed. R. Crim. P. 26.2)

Requires production of prior statements of witnesses called to testify, paralleling the Jencks Act.

Landmark Cases

• Brady v. Maryland, 373 U.S. 83 (1963) — Suppression of evidence favorable to the accused violates due process where the evidence is material to guilt or punishment.
• Giglio v. United States, 405 U.S. 150 (1972) — Brady extends to evidence affecting the credibility of prosecution witnesses, including promises of leniency.
• United States v. Bagley, 473 U.S. 667 (1985) — Establishes the 'materiality' standard: evidence is material if there is a reasonable probability that disclosure would have produced a different result.
• Kyles v. Whitley, 514 U.S. 419 (1995) — Prosecutors have an affirmative duty to learn of favorable evidence known to other government agents acting on the government's behalf.
• Napue v. Illinois, 360 U.S. 264 (1959) — A conviction obtained through the knowing use of false testimony violates due process, even if the falsehood goes only to witness credibility.

Key Terms

Exculpatory Evidence

Any evidence that tends to show the defendant did not commit the crime or reduces culpability.

Impeachment Evidence

Evidence that undermines the credibility of a prosecution witness.

Materiality

Evidence is material if there is a reasonable probability that its disclosure would have produced a different verdict.

Giglio Material

Disclosures about deals, promises, or inducements made to government witnesses.

Brady List

A list maintained by prosecutor offices of officers whose credibility has been compromised by prior misconduct.