Does Brady Extend To Private Lawyers, Foreign Investigators?

By Ronald Blum (February 6, 2019, 2:21 PM EST) -- More than 50 years ago, the state of Maryland convicted John Brady of murder without disclosing that Brady's colleague had already confessed to the same homicide. Today we find such conduct shocking and contrary to a prosecuting office's duty to ensure "not that it shall win a case, but that justice shall be done."[1]

In the past half-century, many of a prosecutor's Brady obligations have become widely accepted and uncontroversial. Indisputably, Brady requires disclosure of information that negates guilt or is inconsistent with the government's theory of a case. Brady undoubtedly extends to information that can impeach a government witness.[2] And...

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