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Product ID: 396221EAU
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Brady v. Maryland: Criminal Procedural Rights and Civil Causes of Action

OnDemand Webinar (86 minutes)

Don't be caught off-guard. Understand and be attentive of law enforcement's obligation to disclose exculpatory evidence.

Under Brady v. Maryland, 373 U.S. 83 (1963), a prosecutor's duty to disclose exculpatory and impeachment evidence is critical. Failure to do so violates a defendant's constitutional rights, leading to a wrongful conviction and potential money damages against police and others. This ondemand webinar covers the mandates and nuances of Brady and its progeny-fundamental knowledge for every prosecutor and defense attorney. It also describes the contours of civil remedies under 42 USC § 1983 for those wrongfully convicted due to Brady disclosure failures. Everyone involved in police investigations, criminal prosecutions, defense of the accused, and civil litigation involved in the aftermath of a wrongful conviction due to Brady violations will benefit from this presentation.


Andrew M. Morse, Snow, Christensen & Martineau


Overview of Lecture: Brady v. Maryland, 373 U.S. 83 (1963) a Landmark Case Whose Contours Are Still Evolving

  • Disclosure Rule
  • Civil 42 USC 1983 Cause of Action for Failure to Disclose II Prosecutors'

Ethical Duties to Disclose

  • Independent of Brady
  • ABA Model Rules
  • ABA Prosecution Standards

Brady Rule

  • Foundational Precedents
  • Brady Facts
  • Brady Holding: Exculpatory and Impeachment Evidence Must Be Disclosed

Procedural and Systemic Issues

  • Procedural Framework
  • Judicial Involvement in Brady Determinations
  • Post-Conviction Disclosures
  • Application to Guilty Pleas
  • Innocence and Wrongful Convictions

Specific Types of Brady Evidence

  • Eyewitness Misidentification
  • Cooperation Agreements
  • Scientific Tests and Reports
  • Physical Evidence; Third-Party Guilt
  • Witness Background and Impeachment
  • Defective Investigation
  • False Evidence

Civil Claims for Brady Violations

  • Basic Rule of 1983 Claims
  • 14th Amendment Claims
  • Defendants; Plaintiffs
  • Level of Culpability Required When Negligence Is Not Enough
  • Materiality of Nondisclosed Evidence
  • Exculpatory Nature of Nondisclosed Evidence
  • Implications of Parrat v. Taylor
  • State Law Remedies
  • Qualified Immunity
  • Damages

Best Practices

  • Prosecutors
  • Defense Counsel; Plaintiff Counsel
  • Civil Defense Counsel