Brady material or Brady evidence is evidence that is potentially helpful to a defendant in a criminal case. It is named after the U.S. Supreme Court decision of Brady v. Maryland, 373 U.S. 83 (1963), which requires a prosecutor to disclose this information to a defendant during a criminal prosecution.
Brady material includes:
- exculpatory evidence which tends to exonerate a defendant of the charges;
- mitigation evidence which tends to weaken the severity of the alleged wrongdoing; and
- impeachment evidence which tends to reduce the credibility of a witness, such as plea bargains by the prosecutor with any witness.
The Brady Rule to disclose all evidence in the prosecutor's hands to the defense is particularity applicable in law enforcement entrapment or sting operations.
Former prosecutors are criticizing Robert Mueller for not fully producing Brady material to Lt. Gen. Michael T. Flynn and to the sentencing court.