Examples
- The prosecutor must disclose an agreement not to prosecute a witness in exchange for the witness's testimony.
- The prosecutor must disclose leniency (or preferential treatment) agreements made with witnesses in exchange for testimony.
- The prosecutor must disclose exculpatory evidence known only to the police. That is, the prosecutor has a duty to reach out to the police and establish regular procedures by which the police must inform him of anything that tends to prove the innocence of the defendant. However, the prosecutor is not obligated to personally review police files in search of exculpatory information when the defendant asks for it.
- The prosecutor must disclose arrest photographs of the defendant when those photos do not match the victim's description.
- Some state systems have expansively defined Brady material to include many other items, including for example any documents which might reflect negatively on a witness's credibility.
Read more about this topic: Brady Disclosure
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