To ensure that criminal defendants have fair trials, prosecutors are generally required to “put all their cards on the table.” Whether material evidence is good or bad for the prosecution’s goals, it is supposed to be disclosed to the defense.
This is particularly true when the evidence is exculpatory or advantageous to the defense. That can include things like favorable treatment for a jailhouse informant’s testimony, police reports that contradict the prosecutor’s theories or witness information that could disrupt a critical timeline. When the government had such evidence but failed to disclose it, the defendant may have grounds to seek post-conviction relief via what is known as a “Brady” violation or claim. The name comes from a landmark U.S. Supreme Court decision in Brady v. Maryland, and it is commonly cited in appeals.
The prosecution violates a defendant’s due process rights when it suppresses evidence that is favorable to the defense and relevant to the determination of a defendant’s guilt or punishment.
What factors make a Brady violation?
Discovering undisclosed evidence in a case does not automatically mean a court will overturn a conviction. Instead, a defendant has to show three things:
- There was evidence that was favorable to the defense.
- The prosecution or police suppressed the evidence.
- There’s a strong chance that the case would have had a different outcome if the evidence had been properly disclosed.
A Brady violation does not depend on proof that the prosecutor deliberately concealed evidence. Evidence may be considered suppressed whether the failure to disclose it was intentional or accidental. Prosecutors have a legal duty to look for all the evidence in a case. They can’t use ignorance as a shield if, for example, the police failed to pass on information about exculpatory statements from a witness.
It’s important to remember that post-conviction relief claims can be subject to strict deadlines and procedural rules. Anyone who learns that favorable evidence may have been withheld in their case should speak with a post-conviction relief attorney as soon as possible.