Last week the Supreme Court heard a case about a rule called Brady that basically says that in criminal cases the prosecution team must turn over all relevant evidence they find that could help the defense team. This is commonly called “Brady evidence.”
SCOTUS actually created the rule when they decided Brady v. Maryland in 1963 — the case of a man sentenced to death for a murder whose prosecutors decided not to tell his lawyers that another person had confessed to the crime. Confusion over whether Brady should apply has reached a nexus, with the appeals courts divided on when to use it. We lay out the current case before SCOTUS and what’s at stake for Brady and criminal investigations going forward.
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