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Faculty Scholarship at Penn Law

2005

Criminal Law

Adversarial

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The Story Of Brady V. Maryland: From Adversarial Gamesmanship Toward The Search For Innocence?, Stephanos Bibas Jul 2005

The Story Of Brady V. Maryland: From Adversarial Gamesmanship Toward The Search For Innocence?, Stephanos Bibas

Faculty Scholarship at Penn Law

This book chapter, forthcoming in Criminal Procedure Stories (Carol Steiker ed. forthcoming 2005), explains the story behind Brady v. Maryland and its broader significance in the field of criminal procedure. Brady is unusual among the great landmark criminal procedure decisions of the Warren Court. Brady requires prosecutors to give criminal defendants evidence that tends to negate their guilt or reduce their punishment. In other words, Brady mandates limited discovery instead of trial by ambush. Brady's test turns not on whether the prosecutor misled a jury or acted in good faith, but on whether the evidence is favorable and material ...