Brady material: Difference between revisions
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Brady material includes impeachment evidence as well as exculpatory evidence. (''United States v. Bagley'' (1985) 473 U.S. 667, 676.) Impeachment evidence includes all benefits given to an informant in exchange for cooperation and testimony. (''Giglio v. United States (1972) 405 U.S. 150.) "This responsibility includes the duty as required by ''Giglio'' to turn over to the defense in discovery ''all'' material information casting a shadow on a government witness's credibility. [Citation.]" (United States v. Bernal-Obeso (9th Cir. 1993) 989 F.2d 331, 334 [italics in original].) | Brady material includes impeachment evidence as well as exculpatory evidence. (''United States v. Bagley'' (1985) 473 U.S. 667, 676.) Impeachment evidence includes all benefits given to an informant in exchange for cooperation and testimony. (''Giglio v. United States (1972) 405 U.S. 150.) "This responsibility includes the duty as required by ''Giglio'' to turn over to the defense in discovery ''all'' material information casting a shadow on a government witness's credibility. [Citation.]" (United States v. Bernal-Obeso (9th Cir. 1993) 989 F.2d 331, 334 [italics in original].) | ||
In particular, we know of no authority imposing a duty on the police to use electronic recording devices to collect and preserve all witnesses' statements. People v. Erwin (1993) 20 Cal.App.4th 1542, 1552 [25 Cal.Rptr.2d 348, 354], as modified on denial of reh'g (Jan. 7, 1994) | |||
Revision as of 11:24, 3 November 2023
Brady or Brady material is shorthand for material that must be disclosed to the defense under Brady v. Maryland (1963) 373 U.S. 83.
Brady material includes impeachment evidence as well as exculpatory evidence. (United States v. Bagley (1985) 473 U.S. 667, 676.) Impeachment evidence includes all benefits given to an informant in exchange for cooperation and testimony. (Giglio v. United States (1972) 405 U.S. 150.) "This responsibility includes the duty as required by Giglio to turn over to the defense in discovery all material information casting a shadow on a government witness's credibility. [Citation.]" (United States v. Bernal-Obeso (9th Cir. 1993) 989 F.2d 331, 334 [italics in original].)
In particular, we know of no authority imposing a duty on the police to use electronic recording devices to collect and preserve all witnesses' statements. People v. Erwin (1993) 20 Cal.App.4th 1542, 1552 [25 Cal.Rptr.2d 348, 354], as modified on denial of reh'g (Jan. 7, 1994)