NAPD 2023 Rise, Resist, Represent Conference

Every defense attorneys knows about Brady v. Maryland. But unfortunately, we also all know the many ways prosecutors fail to meet their obligations or courts fail to hold them accountable. This presentation will focus on ways to make sure all steps are being taken before, during, and even after trial to get Brady material, and then what arguments can be pursued when the late disclosures are inevitably uncovered.  According to the National Registry of Exonerations, over forty-five percent of all wrongful convictions since 1989 have involved prosecutors failing to disclose exculpatory information. Of those exonerations, ninety-four people had been sentenced to death and another 153 sentenced to life without parole. And just as with every other aspect of the criminal legal system, stark racial disparities exist with who is wrongfully convicted when the prosecution withholds Brady: since 1989, Black people account for fifty-five percent of the exonerations where prosecutors withheld exculpatory information. Clearly, Brady violations cause real harm and aggressive approach is needed at all stages for any hope ensuring it is properly being enforced.