Duty to Disclose

Introduction

In Brady v. Maryland (1963), the U.S. Supreme Court held that due process is violated when the prosecution suppresses evidence favorable to an accused upon request where the evidence is material either to guilt or to punishment. The Brady Rule on Disclosure of Evidence to the Accused purports that the prosecutor has a duty to disclose evidence favorable to a defendant. Many cases have since been decided that provide additional insight and clarification to this rule, such as United States v. Agurs (1976), United States v. Bagley (1985), Kyles v. Whitley (1995), and Strickler v. Greene (1999).

Instructions

In your main post:

• Analyze the Brady rule in the context of the Court’s rationale for this decision from a criminal justice practitioner standpoint.
• Explain how the Court interpreted and refined the Brady rule in one of its subsequent cases— United States v. Agurs, United States v. Bagley, Kyles v. Whitley, or Strickler v. Greene.
• Explore how the Court’s interpretation in your selected case, following Brady, impacts the application of the rule.