Where can I get information about the Brady Law?
Full Question:
Answer:
The Brady disclosure rule requires the prosecution to provide to the
defendant any evidence in the prosecution’s possession that may be
favorable to the accused and material to guilt or punishment. State v.
Kennerly, 331 S.C. 442, 452, 503 S.E.2d 214, 220 (Ct. App. 1998) (citing
Brady v. Maryland, 373 U.S. 83, 87 (1963)). Favorable evidence includes
both exculpatory evidence and evidence which may be used for
impeachment. United States v. Bagley, 473 U.S. 667, 676, 105 S.Ct.
3375, (1985). Materiality of evidence is determined based on the
reasonable probability that the result of the proceeding would have been
different had the evidence been disclosed to the defense. Kennerly, 331
S.C. at 453, 503 S.E.2d at 220. “A ‘reasonable probability’ of a different
result is accordingly shown when the government's evidentiary
suppression ‘undermines confidence in the outcome of the trial.’” Bagley,
473 U.S. at 678, 105 S.Ct. at 3381. Furthermore, the prosecution has the
duty to disclose such evidence even in the absence of a request by the
accused.
The prosecution must disclose evidence that is material to either guilt or to
punishment irrespective of the good or bad faith of the prosecution. The
disclosure rule is applicable though the alleged nondisclosure is negligent or
passive rather than willful. The prosecution must disclose such evidence
even when there has not been a request for the information by the defense.
Elements of Brady prosecutorial misconduct claim are: (1) evidence at issue
must be favorable to accused, either because it is exculpatory or because it
is impeaching; (2) evidence must have been suppressed by state, either
willfully or inadvertently; and (3) prejudice must have ensued.
We do not have such a motion in our database.