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Brady Material

Brady material is information or evidence in the possession of the prosecution that is favorable (exculpatory) to the defendant and may support his innocence or would impeach a prosecuting witness. The term “Brady Material” comes from the 1963 U.S. Supreme court case entitled Brady v. Maryland, which states in essence that the suppression by the prosecution of evidence favorable to the defendant who has requested it violates the defendant's Due Process rights. Following the Brady case, the prosecution must turn over all evidence or information that would prove the innocence of the defendant including evidence that would help reduce a defendant's sentence. Brady material is also referred to as “Brady Discovery.”