"'Brady' and Sentencing," The National Law Journal
Partners Andrew Weissmann
and Katya Jestin
examine Brady v. Maryland
, 373 U.S. 83 (1963), which has long been misconstrued by litigants on both sides of the "v." as only applying to the guilt phase of a criminal proceeding. According to the authors, “that is a mistake: Brady
applies at sentencing and never more so than right now.” The authors discuss the recent expansion of judicial discretion at sentencing that provides the defense bar with a powerful argument for broader Brady
disclosures by the government at sentencing, especially in complex white-collar prosecutions.