World Library  
Flag as Inappropriate
Email this Article

Brady v. Maryland

Article Id: WHEBN0003026100
Reproduction Date:

Title: Brady v. Maryland  
Author: World Heritage Encyclopedia
Language: English
Subject: List of United States Supreme Court cases, Giglio v. United States, Kyles v. Whitley, United States v. Olofson, Police perjury
Publisher: World Heritage Encyclopedia

Brady v. Maryland

Brady v. Maryland
Argued March 18–19, 1963
Decided May 13, 1963
Full case name Brady v. State of Maryland
Citations 373 U.S. 83 (more)
83 S. Ct. 1194; 10 L. Ed. 2d 215; 1963 U. S. LEXIS 1615
Prior history Certiorari to the Court of Appeals of Maryland
Withholding of evidence violates due process "where the evidence is material either to guilt or to punishment. "
Court membership
Case opinions
Majority Douglas, joined by Warren, Clark, Brennan, Stewart, Goldberg
Concurrence White
Dissent Harlan, joined by Black
Laws applied
U. S. Const. amend. XIV

Brady v. Maryland, was a landmark United States Supreme Court case in which the prosecution had withheld from the criminal defendant certain evidence. The defendant challenged his conviction, arguing it had been contrary to the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

Procedural History

Maryland prosecuted Brady and a companion, Boblit, for murder. Brady admitted being involved in the murder, but claimed Boblit had done the actual killing. The prosecution had withheld a written statement by Boblit confessing that he had committed the act of killing by himself. The Maryland Court of Appeals had affirmed the conviction and remanded the case for a retrial only on the question of punishment.

The Court's Decision

The Supreme Court held that withholding exculpatory evidence violates due process "where the evidence is material either to guilt or to punishment"; and the court determined that under Maryland state law the withheld evidence could not have exculpated the defendant but was material to the level of punishment he would be given. Hence the Maryland Court of Appeals' ruling was affirmed.

A defendant's request for "Brady disclosure" refers to the holding of the Brady case, and the numerous state and federal cases that interpret its requirement that the prosecution disclose material exculpatory evidence to the defense. Exculpatory evidence is “material” if “there is a reasonable probability that his conviction or sentence would have been different had these materials been disclosed.”[1] Brady evidence includes statements of witnesses or physical evidence that conflicts with the prosecution's witnesses,[2] and evidence that could allow the defense to impeach the credibility of a prosecution witness.[3]


Police officers who have been dishonest are sometimes referred to as "Brady cops." Because of the Brady ruling, prosecutors are required to notify defendants and their attorneys whenever a law enforcement official involved in their case has a sustained record for knowingly lying in an official capacity.[4] Brady evidence also includes evidence material to credibility of a civilian witness, such as evidence of false statements by the witness or evidence that a witness was paid to act as an informant.[5]

See also


  1. ^ Strickler v. Greene, 527 U.S. 263, 296 (1999).
  2. ^ People v. Johnson, 38 Cal.App.3d 228, 113 Cal.Rptr. 303 (1974).
  3. ^ Banks v. Dretke, 540 U.S. 668 (2004).
  4. ^
  5. ^ Banks, 540 U.S., at 694, 698.

Further reading

  • Hooper, Laural L.; Marsh, Jennifer E.; and Yeh, Brian. Treatment of Brady v. Maryland Material in United States District and State Courts’ Rules, Orders, and Policies: Report to the Advisory Committee on Criminal Rules of the Judicial Conference of the United States, Federal Judicial Center, October 2004.

External links

  • ^ 373 U. S. 83 Full text of the opinion courtesy of
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.

Copyright © World Library Foundation. All rights reserved. eBooks from World Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.