Brady v. Maryland

Infobox SCOTUS case
Litigants=Brady v. Maryland
ArgueDateA=March 18
ArgueDateB=19
ArgueYear=1963
DecideDate=May 13
DecideYear=1963
FullName=Brady v. State of Maryland
USVol=373
USPage=83
Citation=83 S. Ct. 1194; 10 L. Ed. 2d 215; 1963 U.S. LEXIS 1615
Prior=Certiorari to the Court of Appeals of Maryland
Subsequent=
Holding=Withholding of evidence violates due process "where the evidence is material either to guilt or to punishment."
SCOTUS=1962-1965
Majority=Douglas
JoinMajority=Warren, Clark, Brennan, Stewart, Goldberg
Concurrence=White
Dissent=Harlan
JoinDissent=Black
LawsApplied=U.S. Const. amend. XIV

"Brady v. Maryland", 373 U.S. 83 (1963)ref|citation, was a
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.

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 performed the act of killing by himself. The Maryland Court of Appeals had affirmed the conviction and remanded the case for a retrial only of the question of punishment.

The court held that withholding 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.

Police officers who lie are often called as "Brady cops", as because of the Brady ruling, prosecutors are required to notify defendants and their attorneys whenever a cop involved in their case has a sustained record for knowingly lying in an official capacity. [cite news |first=Lewis |last=Kamb |authorlink= |coauthors=Nalder, Eric |title=Cops who lie don't always lose jobs |url=http://seattlepi.nwsource.com/local/349169_lying29.html |work=Seattle Post-Intelligencer |publisher= |date=January 29, 2008 |accessdate= ]

ee also

*List of United States Supreme Court cases, volume 373
*Brady material
*Jencks Act
*"Jencks v. United States"

References

Further reading

* cite journal | last = Hochman | first = Robert | authorlink = | coauthors = | year = 1996 | month = | title = "Brady v Maryland" and the Search for Truth in Criminal Trials | journal = The University of Chicago Law Review | volume = 63 | issue = 4 | pages = 1673–1705 | doi = 10.2307/1600284 | url = | quote =
* cite journal | last = Sundby | first = Scott E. | authorlink = | coauthors = | year = 2002 | month = | title = Fallen Superheroes and Constitutional Mirages: The Tale of "Brady v. Maryland" | journal = McGeorge Law Review | volume = 33 | issue = | pages = | doi = 10.2139/ssrn.361040 | url = | quote =

External links

* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=373&page=83 373 U.S. 83] Full text of the opinion courtesy of Findlaw.com.