Perspective
Feb. 10, 2010
Calling for Reform: The Failed Promise of Brady
Nina Marino of Kaplan Marino says the limitations created by Brady v. Maryland on a prosecutor's duty to disclose does little to advance justice.
By Nina Marino
In Brady v. Maryland (1963) 373 U.S. 83, the Supreme Court held that exculpatory evidence, or evidence favorable to an accused in a criminal case and, material to guilt or punishment, must be disclosed by the prosecution to the defense. Failure to disclose constitutes a violation of due process. In 1963, this decision theoretically sought to place an affirmative duty on the government to promote fairness in prosecution. However, the reality differs f...For only $95 a month (the price of 2 article purchases)
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