MBE Rules · Criminal Procedure
Brady — disclosure of exculpatory evidence
Brady v. Maryland / Giglio
The rule
Due process requires the prosecution to disclose evidence favorable to the accused that is material to guilt or punishment, including impeachment evidence (Giglio). Suppression violates due process irrespective of good or bad faith. Materiality: a reasonable probability that, had the evidence been disclosed, the result would have been different. The duty extends to evidence known only to police.
In plain English
Prosecutors must turn over evidence that could exonerate the defendant or undermine a key witness. It is a due-process obligation, not merely a discovery rule.
The trap
Confusing Brady materiality (outcome-affecting) with mere relevance; the duty is affirmative and does not require a defense request.
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