The repeated violations of the Brady rule by federal prosecutors, sometimes in high-visibility cases, resulting in indictment dismissals and conviction reversals, is both troubling and perplexing. The Brady obligation is clear and has been on the books since 1963. Why then are prosecutors so reluctant to abide by it? An overzealous desire to win by increasingly aggressive prosecutors may be the answer. Self-imposed restraint by the Department of Justice has not proven effective.
The recent spate of Brady violations has led to a renewed focus by a variety of institutions seeking a way to ensure better compliance with a rule designed to guarantee fairness and to protect the innocent.
The ‘Brady’ Standards
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