Prosecutorial Misconduct: Lawyer Explains Brady Evidence Rule

In the American legal system, prosecutors have a unique and crucial role: to seek justice, not just convictions. A cornerstone of this duty is the obligation to disclose exculpatory evidence, commonly known as Brady evidence, to the defense. This includes any evidence favorable to the accused that is material to guilt or punishment.

This principle, established in the landmark 1963 Supreme Court case Brady v. Maryland, ensures due process and fair trials. It means if a prosecutor knows of evidence that could help the defense or hurt their own case, they are legally and ethically bound to turn it over. Failure to do so can lead to wrongful convictions and serious consequences for the prosecutor.

Key Cases Shaping Brady Obligations:

• Kyles v. Whitley: Emphasized that withholding critical evidence, like witness statements or police reports, undermines trial fairness and requires disclosure.
• Napue v. Illinois: Clarified that prosecutors must not only disclose evidence but also ensure the truthfulness of evidence presented in court, correcting any false testimony.

These cases collectively reinforce that a fair trial is paramount, demanding transparency and integrity from the prosecution.

The Alarming Reality: Prosecutorial Misconduct

Despite these clear legal principles, prosecutorial misconduct remains an issue. California, for example, even criminalized the willful failure to disclose Brady evidence, making it a felony. Instances range from deliberate concealment and destruction of evidence to manipulating transcripts to mislead the defense.

Prosecutors’ “prosecution team” includes police officers and investigators. The prosecuting attorney has an affirmative duty to inquire and ensure all material, favorable evidence is disclosed to the defense, ensuring due process is satisfied for the defendant.

For Defense Attorneys: Holding Prosecutors Accountable

Criminal defense attorneys play a vital role in upholding these standards. They must:

1. Re-read and Understand Brady: Stay current on Brady’s interpretations and applications.
2. Know When Brady Applies: Brady obligations apply early, even at preliminary examinations, requiring disclosure of witness backgrounds and potential impeachment evidence.
3. Understand Heightened Duties: Be familiar with specific penal codes and professional responsibility rules governing prosecutors.
4. “Trust but Verify”: Maintain a rigorous checklist for discovery requests, thoroughly review all materials, and follow up diligently. Don’t assume prosecutors have provided everything.
5. Review All Discovery: Independently verify that all police reports, body cam footage, and interviews have been provided.
6. Timeliness Matters: Brady violations aren’t just about non-disclosure; providing evidence too late can also undermine a fair trial.
7. Utilize Appellate Procedures: Don’t hesitate to use appellate courts to enforce clients’ constitutional rights and hold prosecutors accountable.
8. Document Everything: Meticulously record all discovery requests, follow-ups, and conversations (via email or file notes) to build a strong record for potential claims of non-compliance.

Prosecutors are ministers of justice, not just advocates for conviction. Upholding Brady principles is essential for maintaining public confidence in the legal process and preventing miscarriages of justice.