Alabama Private Investigator Practice Exam

What happens when a prosecutor withholds exculpatory evidence?

1. They can be charged with a crime

2. It can result in a Brady violation

3. It guarantees a conviction

4. It strengthens the prosecution's case

The correct answer is: It can result in a Brady violation

When a prosecutor withholds exculpatory evidence, it can result in a Brady violation. This term originates from the landmark Supreme Court case Brady v. Maryland, which established that the prosecution is required to disclose evidence that may be favorable to the defendant. Exculpatory evidence is any information that may prove a defendant's innocence or reduce their culpability. By failing to disclose such evidence, the prosecution undermines the fairness of the trial, which is a fundamental right within the legal system. The obligation to disclose this type of evidence is vital for ensuring that defendants receive a fair trial and that justice is served. If a Brady violation is established, it can lead to serious consequences, including potential dismissal of charges, reversal of a conviction, or other remedies to ensure the fairness of the judicial process. This principle reinforces the idea that the legal system must uphold justice, including protecting the rights of the accused.