Brady v. Maryland: Withheld Evidence and Due Process

Brady v. Maryland, 373 U.S. 83 (1963)

Supreme Court of the United States · Due process / disclosure

The rule

The prosecution’s suppression of evidence favorable to the accused violates due process when the evidence is material to guilt or punishment. The prosecution’s good or bad faith does not control the constitutional question.

Why it matters

Evidence that supports the defense can matter at sentencing as well as at trial. A useful research record identifies what was withheld, when it became available, how it favored the defense, and why it could affect the outcome. Not every missing document establishes a constitutional violation.

Questions to discuss with counsel

What favorable evidence was withheld? Did the prosecution team possess it? How does it change the picture presented to the factfinder? Later cases refine materiality and procedural requirements.

Read the opinion

https://www.law.cornell.edu/supremecourt/text/373/83

Educational information, not legal advice. Check later decisions, jurisdiction-specific rules, procedural requirements, and deadlines with qualified counsel.