Legal Blog


October 2018 Archives

FAQ – Obtaining Exculpatory Evidence From The Prosecution in Criminal Cases

What is exculpatory evidence?

The United States Supreme Court has held that exculpatory evidence is any evidence that is favorable to the defendant on issues of guilt or punishment. Exculpatory evidence is also sometimes called “Bradyevidence” or “Bradymaterial,” a name that comes from the Court’s decision in Brady v. Maryland.

Does the defendant have a right to exculpatory evidence from the prosecution?

Under Brady v. Maryland, prosecutors have a duty to hand over exculpatory evidence to the defendant. This duty exists even without any request from the defendant. However, a specific request for exculpatory evidence can be beneficial for a … Read More »