What Is Brady Material?

Brady material law is a technical term for a specific type of prosecutorial misconduct. It is derived from the United States Supreme Court case Brady v. Maryland, 373 U.S. 83 (1963). In that case, the Supreme Court held the prosecution must turn over any evidence favorable to the defendant. Thus, Brady material is evidence discovered – but suppressed – by the prosecution that would have helped the defendant in some way, by proving his or her innocence, impeaching the credibility of a witness, or reducing his or her sentence.

When a prosecutor withholds favorable evidence from the defense, Brady material is implicated, and a defendant’s rights to due process under the U.S. Constitution are violated. The prosecution’s job is not merely to “win” by getting a conviction, but to seek justice. Defendants are entitled to all evidence that would help their case.

Now in most cases this is not an issue, however on rare occasion corrupt police officials may instruct officers to do or avoid doing a certain thing to "avoid creating Brady material." Or, information that would serve to support a claim of innocence just won't make it into the investigation file ('I see to have lost that folder!')

If you are a police officer be very concerned if a supervisor expresses concern over creating Brady material. Remember, Brady material is something that would help the accused prove his or her innocence. Why would any police official be concerned about someone proving that they are innocent of the charges brought against them? As with the prosecutor, police officials should seek justice, not just seek a conviction.

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Operating in Hostile and Non-Permissive Environments:
A Survival and Resource Guide for Those Who Go in Harm’s Way

 

Military personnel deployed to a combat area, their supporting contractors overseas, government civilian employees overseas, non-government organizations (NGOs), journalists working on international stories, businesses attempting to establish a foothold in developing countries, and individual travelers to remote areas of the world can all find themselves in hostile and non-permissive environments. This guide covers a broad range of subjects that are intended to aid individuals, living and working in dangerous areas, in being safer in their daily lives and in being better able to protect themselves and survive in case of an emergency, disaster, or hostile action.