December 09, 2014

In this article, Jenner & Block Associate Michael G. Babbitt explores ways to strengthen the seminal Supreme Court decision of Brady v. Maryland.  Michael explains that Brady places on the government an affirmative duty to disclose all material information to a criminal defendant.  He then proposes three ways the Seventh Circuit can help strengthen Brady: 1. courts can adjust the bar for proving that withheld evidence might have created a “reasonable probability” of a different result under Brady; 2. courts can clarify that all evidence that could have affected the result at trial, whether admissible or not, can warrant a new trial under Brady; and 3. courts can freely grant evidentiary hearings regarding the potential effect of withheld evidence.  The Circuit Rider is the Seventh Circuit Bar Association magazine.