**Understanding Brady Violations: A Guide for Paralegals**
In the realm of criminal law, the term "Brady violation" is a critical concept that every paralegal should be familiar with. It stems from the landmark U.S. Supreme Court case **Brady v. Maryland** (1963), which established a prosecutor's duty to disclose evidence favorable to the accused upon request¹.
**What Constitutes a Brady Violation?**
A Brady violation occurs when the prosecution fails to disclose evidence that is material to either guilt or punishment. This includes not only exculpatory evidence, which could prove the defendant's innocence, but also impeachment evidence that could discredit a witness¹. The evidence must be material in the sense that there is a reasonable possibility it could have affected the outcome of the trial².
**The Impact of Brady Violations**
The consequences of a Brady violation can be significant. If such a violation is discovered, it can lead to various remedies, including:
- A new trial
- Overturning of a conviction
- Sanctions against the prosecution
Moreover, if the prosecution intentionally withholds evidence, it may face additional penalties².
**The Role of Paralegals**
As paralegals, it's essential to understand the implications of Brady violations. You play a pivotal role in ensuring that all relevant evidence is disclosed and that your clients' rights are protected throughout the legal process. By staying informed about Brady violations, you can better assist attorneys in upholding justice and fairness in criminal proceedings.
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Remember, this is just an overview, and each case involving a Brady violation can have unique aspects that require careful consideration and legal expertise.
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