Brady disclosure

Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the U.S. Supreme Court case Brady v. Maryland,[1] in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process. Following Brady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the credibility of government witnesses. Evidence that would serve to reduce the defendant's sentence must also be disclosed by the prosecution.


Examples include the following:

Procedures for compliance

See also


  1. 373 U.S. 83 (1963)
  2. Giglio v. United States, 405 U.S. 150 (1972).
  3. U.S. v. Sudikoff, 36 F.Supp. 2d 1196 (C.D. Cal. 1999); State v. Lindsey, 621 So. 2d 618 (La. Ct. App. 1993).
  4. Kyles v. Whitley, 514 U.S. 419 (1995).
  5. Strickler v. Greene, 527 U.S. 263, 281-82 (1999).
  6. U.S. v. Herring, 83 F.3d 1120 (9th Cir. 1996).
  7. Strickler, 527 U.S. at 281.
  8. Bonner, "The Inquisition by Special Prosecutor in United States v. Senator Ted Stevens: of Brady, Contempt, and the Forensic Trifecta", Vol. 51, No. 1 Criminal Law Bulletin 69-125 (Thompson Reuters 2015).
  9. Commonwealth v. Tucceri, 412 Mass. 401 (1992).
  10. Hooper, Laural L.; Marsh, Jennifer E.; and Yeh, Brian. Treatment of Brady v. Maryland Material in United States District and State Courts’ Rules, Orders, and Policies: Report to the Advisory Committee on Criminal Rules of the Judicial Conference of the United States, Federal Judicial Center, October 2004.
  11. Kamb, Lewis; Nalder, Eric (January 29, 2008). "Cops who lie don't always lose jobs". Seattle Post-Intelligencer. Retrieved January 2, 2013.
  12. Kyles v. Whitley, 514 U.S. 419, 440; United States. v. Agurs, 427 U.S. 97, 110.
  13. "Special Directive 02-08 Brady Protocol". Los Angeles County District Attorney. December 7, 2002. Retrieved April 7, 2014.
  14. Pitchess v. Superior Court, 11 Cal.3d 531 (1974)
  15. Cal. Evid. Code §§ 1043-1046
  16. Steering, Jerry L. "Brady List and Pitchess Motions". Retrieved April 7, 2014.

Further reading

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