What is a Brady Violation?
A Brady Violation happens when prosecutors intentionally conceal or fail to disclose evidence that could help the defendant in a criminal case.
This term comes from the landmark U.S. Supreme Court case Brady v. Maryland (1963).
• The Court ruled that prosecutors must hand over exculpatory evidence — meaning evidence that might show the defendant is not guilty, reduce their level of guilt, or affect their punishment.
• If they hide this evidence, the defendant is denied a fair trial, which is a violation of the Due Process Clause of the 14th Amendment.
Types of Exculpatory Evidence
• Evidence of innocence → For example, DNA proving someone else committed the crime.
• Evidence that reduces guilt → Example: proof that the defendant played a smaller role in the crime.
• Evidence that affects credibility → Example: showing that a witness against the defendant has lied in the past or was paid for testimony.
Why Brady Violations Are Serious
• They can wrongfully convict innocent people.
• They erode trust in the justice system.
• Courts sometimes overturn convictions if a Brady Violation is proven.
But proving it is difficult because the concealed evidence is often discovered years later.