In the legal system of the United States, a Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant.
Following Brady, the prosecutor must disclose evidence or information that would prove the innocence of the defendant or would enable the defense to more effectively impeach the credibility of government witnesses.
Some states have established their own laws to try to strengthen enforcement against prosecutorial misconduct in this area.
[2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case.
[3] Examples include the following: As of 2018[update], federal appeals courts are split as to whether defendants have the right to receive materially exculpatory evidence before making a plea bargain, which is how the vast majority of convictions are now obtained.