Due process requires that certain prosecutorial disclosures be made in criminal cases.
When the prosecution fails to disclose information to the defense and thereby deprives the accused of the right to a fair trial, appellate relief will be granted. In Brady, the Supreme Court held that the prosecutor's suppression of evidence favorable to the defense, after a specific defense request, violated due process and required reversal where the evidence suppressed was material to guilt or punishment. The good or bad faith of the prosecutor in withholding the evidence was not relevant. Brady required the disclosure of favorable information only, and not the disclosure of all information. The Government must possess the information requested, and disclosure is not required if the defense already possesses the requested information.