Criminal Law and Procedure

Question 1

Brady v. Maryland (Withholding Favorable and Material Evidence)

Answer 1

Withholding of Favorable and Material Evidence–a defendant’s due process rights are violated when the prosecution prejudices the defendant by failing to timely disclose evidence that is both:

1) Favorable to the defendant--evidence used to negate a defendant's guilt or mitigate punishment (exculpatory evidence) or to discredit the prosecution's witness (impeachment evidence) AND
2) Material to guilt or punishment--there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different.