Attorney James K. Minick

Attorney James K. Minick

After filing criminal charges against a defendant, the prosecution will gather all of their information and evidence and try to build the strongest case it can against the defendant in order to obtain a conviction. In the past, any favorable evidence and information could be hidden and not disclosed in order to prevent losing the prosecution’s case. However, following several important Supreme Court cases, prosecutors are now required by law to disclose favorable evidence to the defense. This requirement is set in order to enable fairness and justice in the criminal justice system.

Brady v. Maryland

In Brady v. Maryland, the Supreme Court was faced with the question of what information and/or evidence the prosecution must disclose to a criminal defendant prior to trial. In the facts of the case, Brady and his friend Boblit were charged with murder. Although Brady admitted to being involved in the murder, Brady claimed that Boblit was the one who actually killed the victim. Unknown to Brady, the prosecution had a written statement by Boblit in which he confessed to murdering the victim. The prosecution failed to disclose this statement and Brady was found guilty of murder. After hearing the legal arguments and theories of the case, the Supreme Court ruled that prosecutors are required to disclose material exculpatory and impeachment evidence to a defendant.

Exculpatory and Impeachment Evidence

Under the ruling in Brady, the Supreme Court only requires disclosure of material exculpatory and impeachment evidence. But what exactly does this mean? Material exculpatory evidence is evidence that would likely change the outcome of the trial by showing the defendant’s innocence. However, this doesn’t mean that only evidence that conclusively proves the innocence of the defendant must be disclosed, but instead, any evidence that may prove the defendant innocent must be disclosed. The other evidence that must disclosed is impeachment evidence – any evidence or information that may alter the creditability of the prosecution’s witnesses. This could be anything from a witness’s prior criminal record to an arranged plea deal by the prosecutor in exchange for testimony by the witness.

Consequences of Failing to Disclose

A Brady violation occurs when the prosecution fails to disclose material exculpatory or impeachment evidence and prevents the defendant from obtaining a fair trial. As such, if the defendant is convicted, on appeal, the appeal court can overturn the conviction due to the mistake. Because of this, most prosecutors disclose material evidence in order to avoid potential problems down the road.

Contact Us

If you or someone you know have been charged with a crime, it is important to consult with an experienced criminal defense attorney that can help zealously defend your case. Contact Us at Minick Law, P.C. for a free consultation on your case.

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