What is a brady motion?

A Brady motion refers to a legal request made by the defense in a criminal trial that requires the prosecution to disclose any evidence favorable to the defendant. It is named after the landmark 1963 U.S. Supreme Court case known as Brady v. Maryland.

According to the Supreme Court's decision, prosecutors are constitutionally obligated under the due process clause to provide the defense with any evidence that is favorable and material to the defendant's guilt or punishment. This includes both exculpatory evidence (evidence that tends to show the defendant's innocence) and impeachment evidence (evidence that undermines the credibility of the prosecution's witnesses).

A Brady motion aims to ensure fairness in criminal trials by preventing the prosecution from withholding evidence that might assist the defense. The principle behind the Brady rule is that access to all information gives defendants a fair opportunity to present their case and helps avoid wrongful convictions.

If a defense attorney suspects there might be undisclosed Brady material, they can file a motion requesting the prosecution to disclose any such evidence. Once the motion is filed, the court will hold a hearing to determine if the evidence in question is indeed Brady material and should be turned over to the defense. If the court finds that the evidence is exculpatory or impeachment material, it must be provided to the defense.

Failure to provide Brady material can have serious consequences. If a court determines that the prosecution withheld exculpatory evidence, it may result in a new trial, a dismissal of charges, or even disciplinary action against the prosecutor.

It is important to note that a Brady motion is separate from the discovery process, where both the prosecution and defense exchange relevant evidence before the trial. The Brady rule applies even after the discovery phase and requires the prosecution to disclose any favorable evidence up until the trial's conclusion.

Overall, a Brady motion is a legal mechanism that safeguards a defendant's right to a fair trial by requiring the prosecution to disclose any exculpatory or impeachment evidence that could impact the case.