Brady List Academy

This course, “Introduction to Brady,” is the universal prerequisite for all subsequent Brady List training modules and provides a comprehensive foundation on the constitutional doctrine of exculpatory and impeachment evidence disclosure, stemming from the landmark decision Brady v. Maryland, 373 U.S. 83 (1963). This course is mandatory for all participants—law enforcement officers, prosecutors, judges, public defenders, defense counsel, and pro se litigants—regardless of their role in the justice system.

Its objective is to ensure that every legal actor understands the constitutional obligation to disclose favorable evidence to the defense and the individual and systemic consequences of noncompliance. It establishes a shared knowledge base essential for accountability, institutional integrity, and the prevention of wrongful convictions.

Constitutional Origin and Scope

• Brady v. Maryland and the Due Process Clause of the Fourteenth Amendment
• Subsequent rulings: Giglio v. United States (1972), United States v. Bagley (1985), Kyles v. Whitley (1995)
• The prosecutorial duty to disclose, and the derivative duties of law enforcement and supervisory actors

Types of Evidence

• Exculpatory vs. impeachment evidence
• Examples: witness credibility, prior misconduct, false reports, use-of-force history, internal affairs records

Materiality and the Reasonable Probability Standard

• What makes evidence “material”
• Legal thresholds for when nondisclosure violates due process

Joint and Several Responsibilities

• Shared duties between prosecutors, police, investigators, and supervisors
• Constructive knowledge and inter-agency accountability

Legal and Ethical Consequences of Violations

• Case dismissals, reversals, and post-conviction relief
• Professional discipline, civil liability under 42 U.S.C. §1983, and inclusion on Brady/Giglio impairment lists

Role of the Brady List

• Overview of the public registry of government misconduct
• How the Brady List support transparency, defense strategy, and oversight reform
• Public reporting, verified data, and community access