Paralegal Certification PrepLitigationHard
A defense attorney in a criminal case believes that the prosecutor has failed to provide certain exculpatory evidence as required by law. Which type of motion should the defense attorney file to compel the prosecutor to turn over this evidence?
- AMotion in Limine
- BMotion to Suppress Evidence
- CMotion for Summary Judgment
- DBrady Motion
Show answer & explanationAnswer & explanation
Correct answer: D. Brady Motion
A Brady motion (or a motion based on Brady v. Maryland) is specifically used in criminal cases to compel the prosecution to disclose exculpatory evidence to the defense, as mandated by the Fifth and Fourteenth Amendments.
Why the other options are wrong
- A. A motion in limine is filed before trial to obtain a ruling on the admissibility of certain evidence, often to prevent its mention during trial.
- B. A motion to suppress evidence seeks to exclude evidence obtained illegally, not to compel disclosure of exculpatory evidence.
- C. A motion for summary judgment is typically used in civil cases to resolve issues without a trial when there are no disputed facts.
Brady Motion
A specific type of motion in criminal law, based on the Supreme Court's ruling in Brady v. Maryland, that compels the prosecution to disclose any exculpatory evidence (evidence favorable to the defendant) to the defense.
- Mandated by the Fifth and Fourteenth Amendments.
- Applies to evidence that is material to guilt or punishment.
- Failure to disclose can lead to reversal of conviction.
Memory trick: Criminal defense motions: 'Sup'press, 'Brady' for truth, 'Limine' limits.