Alabama Private Investigator Practice Exam

What occurs in a Brady violation?

1. A defendant is proven guilty

2. A prosecutor discloses evidence too late

3. A prosecutor fails to disclose evidence beneficial to the defendant

4. Evidence is lost before trial

The correct answer is: A prosecutor fails to disclose evidence beneficial to the defendant

In a Brady violation, the key issue revolves around the failure of a prosecutor to disclose exculpatory evidence—information that could be beneficial to the defendant’s case. This concept arises from the landmark U.S. Supreme Court case Brady v. Maryland, which established that the prosecution must disclose any evidence that is favorable to the accused and material to guilt or punishment. If such evidence is not disclosed, it can hinder the defendant's ability to mount an effective defense, potentially impacting the fairness of the trial. The implications of a Brady violation can be significant, as it undermines the integrity of the judicial process and the rights of the defendant. Understanding this concept is crucial for those studying law and ethics in the criminal justice system, particularly for private investigators who may need to handle evidence and interactions with legal entities responsibly.