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Brady Violation Definition

State and federal prosecutors are dutybound to disclose to the defense, before trial, exculpatory evidence (evidence tending to show the defendant is not guilty) or that can be used for impeachment (evidence showing government evidence is not reliable). When a prosecutor fails to perform their duty to turn over such evidence, it is called a Brady Violation. Depending on the severity of the transgression, a judge can dismiss charges or suppress evidence.

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