Your Right to Exculpatory Evidence

In the course of investigating a crime, evidence may be discovered that could be used to show that a particular defendant did not, in fact, commit the offense for which he or she has been charged. There have been many examples across the country, however, of law enforcement agencies and prosecutors withholding such evidence—known as exculpatory evidence—from criminal defendants and their attorneys. This means that if the criminal defendants had access to this evidence at trial, the defendant may have been found not guilty. Thanks to the U.S. Supreme Court ruling in Brady v. Maryland, all criminal defendants throughout the United States have the right to have the prosecution disclose and turn any exculpatory evidence over to them or their defense counsel.

What Rights Am I Guaranteed?

In the 1963 case Brady v. Maryland, the U.S. Supreme Court held that a prosecutor’s office failing to turn over exculpatory evidence that is “material” to either guilt or punishment violates the due process rights of the defendant. The prosecution does not need to purposefully withhold this information or even know that this information exists—if the police fail to notify the prosecutor of such evidence, for example—to violate Brady v. Maryland.

The evidence that is covered by Brady must be both “exculpatory” and “material” to guilt or punishment. “Exculpatory” means that the evidence must be such that it either tends to negate guilt or lessen the punishment a defendant would otherwise receive. Whether the evidence is material or not can be a difficult question to answer. Therefore, as a precaution, most prosecution agencies turn over most of the evidence in their possession and implement “Brady policies” designed to discover and disclose any evidence that could potentially fit the definition of being exculpatory and material.

What Kind of Material Would Be “Brady Material”?

Some common types of Brady material would include physical evidence such as DNA results, drug analysis results, urine, blood, or breath tests and fingerprint test results. Brady evidence can also include confessions from co-defendants (the material at issue in Brady was a co-defendant’s confession), a police report or narrative, or the name and location of a witness with knowledge of the crime. Not only this, but Brady material can also include evidence that would allow a defendant to challenge the credibility of a witness, such as evidence that the witness was dishonest in the past.

Do I Need a Criminal Defense Attorney to Receive Brady Material?

Brady material is supposed to be turned over to the defendant automatically, without any special motion or request by the defendant. However, knowing what Brady material might exist—and therefore knowing if the prosecution might be hiding Brady material—can be difficult.

If you have been charged with a crime, contact an experienced San Jose criminal defense attorney to ensure that your due process rights are fully protected. Call 408-277-0377 for your intitial consultation with Wesley J. Schroeder, Attorney at Law, today.

Sources:

https://www.law.cornell.edu/wex/brady_rule

http://www.huffingtonpost.com/2013/05/13/brady-v-maryland-50_n_3268000.html