Brady Violations

The prosecution in a criminal case must provide the defense with all exculpatory evidence or evidence that would tend to mitigate punishment that is in the state’s possession. This evidence is commonly known by the name of the decision in which it was enshrined, Brady v. Maryland, 373 U.S. 83 (1963). The Brady test has three elements that a defendant must prove to establish a Brady violation: (1) evidence is favorable to the accused because it is exculpatory or impeaching; (2) evidence was suppressed by the government, either willfully or inadvertently; and (3) prejudice ensued.

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