Brady Material

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In Brady v. Maryland [1] the United States Supreme Court concluded that a defendant was entitled to material and exculpatory material that the prosecution posssed.

The court cited Solicitor General Judge Simon E. Sobeloff who put the idea as follows in an address before the Judicial Conference of the Fourth Circuit on June 29, 1954:

"The Solicitor General is not a neutral; he is an advocate, but an advocate for a client whose business is not merely to prevail in the instant case. My client's chief business is not to achieve victory, but to establish justice. We are constantly reminded of the now classic words penned by one of my illustrious predecessors, Frederick William Lehmann, that the Government wins its point when justice is done in its courts."[2]

  1. Brady v. Maryland, 373 U.S. 83 (1963)
  2. See Dennis, Maryland's Antique Constitutional Thorn, 92 U. of Pa.L.Rev. 34, 39, 43; Prescott, Juries as Judges of the Law: Should the Practice be Continued, 60 Md.St.Bar Assn.Rept. 246, 253 254.