Information that casts doubt on the truthfulness of an alleged victim’s story.Information that discredits a witness or casts doubt on a witness’s testimony.Information about a deal between the prosecution and an informant.Evidence of police misconduct (i.e., racial profiling or violating your Miranda rights).Police reports or other records that indicate you might not have committed the crime.Physical evidence that indicates you might not have committed the crime.What types of evidence can qualify as “material” and “exculpatory”? Some possible examples include: For evidence to be considered “exculpatory,” it must be significant enough that it could reasonably lead to an acquittal. As noted in the quote from LII above, the evidence in question must be both “material” and “exculpatory.” For evidence to be considered “material,” it must have the potential to influence the judge’s or jury’s decision regarding guilt. As the LII further explains, “the Supreme Court has eliminated the requirement for a defendant to have requested favorable information, stating that the Prosecution has a constitutional duty to disclose.”Įven so, the prosecution’s failure to disclose evidence that is favorable to a defendant does not constitute a Brady violation in all cases. While there used to be a requirement for defendants to request exculpatory evidence before courts would find a Brady violation, this is no longer the case. ‘Brady material’ or evidence the prosecutor is required to disclose under this rule includes any evidence favorable to the accused–evidence that goes towards negating a defendant’s guilt, that would reduce a defendant’s potential sentence, or evidence going to the credibility of a witness.” requires prosecutors to disclose materially exculpatory evidence in the government’s possession to the defense. As the Legal Information Institute (LII) explains: Withholding exculpatory evidence is so common that it has its own legal term: A Brady violation. Understanding Brady Violations: When Prosecutors Withhold Exculpatory Evidence criminal justice system, refers to prosecutors withholding evidence as an “epidemic.” While the good news is that defendants have clear legal rights when prosecutors hide exculpatory evidence, asserting these rights often proves challenging. In fact, The Appeal, a nonprofit dedicated to exposing flaws in the U.S. Unfortunately, this is not an uncommon scenario. So, what happens if prosecutors hide this evidence? Among other things, this means that you have the right to ensure that the judge or jury hears all relevant evidence-including evidence in the government’s possession that is favorable to your defense. As a criminal defendant in South Carolina, you have the constitutional right to a fair trial.
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