Criminal
Nov. 27, 2020
The impossibility of Brady: Compliance depends upon imagination
The stakes of Brady compliance are high — as they should be — and a prosecutor’s failure to disclose Brady material to the defense can result in sanctions, including disbarment.
Christopher R. Ulrich
Senior Counsel
Murphy Pearson Bradley & Feeney
Email: culrich@mpbf.com
Christopher handles general business litigation, miscellaneous professional liability, legal malpractice and white-collar defense. Mr. Ulrich primarily focuses on representation of prosecutors, defense attorneys, and judges, including related to accusations of Brady violations.
In 1963, the U.S. Supreme Court issued its opinion in Brady v. Maryland. The "Brady rule" that was first announced in that case and has been developed in subsequent cases requires a prosecutor to disclose to the defense before trial evidence that is both favorable to the defendant and material on the issue of guilt or punishment (known as "Brady material"). The obligation exists sua sp...
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