What is one of the key elements of the Brady Rule?

The key element of the Brady Rule is that prosecutors are required to discover Brady material. This means that it is the prosecutor's responsibility to actively seek out and disclose any evidence that may be favorable to the defendant, which could include exculpatory evidence that might lead to a different outcome in a trial. This duty is not limited to evidence that the defense specifically requests; rather, it imposes an affirmative obligation on the prosecution to ensure that all relevant material is available to the defense.

The Brady Rule stems from the landmark Supreme Court case Brady v. Maryland, which established that the suppression of evidence favorable to a defendant violates due process. This context emphasizes the importance of the prosecution's proactive role in the discovery of evidence that may impact the fairness of a trial.