For a Brady violation to occur, which of the following criteria must be met?

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A Brady violation arises from the principle established in the landmark case Brady v. Maryland, which mandates that the prosecution must disclose evidence that is favorable to the defendant and material to the case. The criteria for a Brady violation explicitly require the suppression of evidence that is not just favorable, but also material.

Favorable evidence is any evidence that might help the defense, which can include exculpatory evidence that could prove the defendant's innocence or diminish the prosecution's case. Material evidence refers to evidence that could influence the outcome of the trial; it needs to have a reasonable probability of affecting the verdict. If evidence meets both criteria—being favorable and material—and the prosecution fails to disclose it, a Brady violation has occurred, which undermines the fairness of the trial.

In this context, while other options may involve issues related to evidence or courtroom procedures, they do not encapsulate the fundamental requirements needed to establish a Brady violation as outlined in the legal precedent. Therefore, understanding the importance of favorable and material evidence is critical in identifying when a Brady violation has taken place.

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