Jenner & Block

"'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.