A public service announcement for amateur 'legal scholars'
There is an important distinction to make between the “Brady Rule” and the “Brady Act”. I’m sure this is obvious to anyone familiar with legal terminology and precedent, but it has caused me some confusion as I struggle through my independent research. So I thought it would be helpful to others in the future if I clearly distinguish them on the same page.
The “Brady Rule” is based on ‘Brady v. Maryland’ (1963). This comes up in relation to “Brady Material” which has to do with exculpatory evidence being made accessible to the defense counsel in a court case. The only time this becomes relevant is in a situation where the prosecution withholds evidence from the defense that could have potentially exonerated or at least benefitted the defendant’s case. The burden of proof still lies in the hands of the defense in such cases but this rule is important to a clean and fair justice system. Just to be clear, this “Brady” only ever relates to judicial procedure.
Completely unrelated,
The “Brady Handgun Violence Prevention Act” (1993) also known as the “Brady Act” or “Brady Bill” concerns background checks and a waiting period for people attempting to acquire a gun. This bill, passed into law by then President Bill Clinton, establishes a federal precedent ensuring that any exchange of a firearm is subject to a five day waiting period and a background check of the individual potentially receiving the gun. This “Brady” has nothing to do with ‘Brady v. Maryland’ but is rather a reference to a man who was shot during the 1981 assassination attempt on then President Ronald Reagan. So, no relation at all.
This has caused me such terrible grief that I wanted to make sure no one else will ever suffer as I have. It may be too late for me, but if this unremarkable, unnecessary blog post saves just one person from going through what I have, it was all worth it.
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