Register Online - Add to Cart
Product ID: 396221EAU
Credit & Course Provided by:

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