Which of the following statements about Brady material is true?

Brady material refers to evidence in the possession of the prosecution that is favorable to the defendant and is material to either the defendant's guilt or punishment. The concept originates from the landmark Supreme Court case Brady v. Maryland (1963), which established that the prosecution has an obligation to disclose evidence that could potentially exonerate a defendant or mitigate their sentence.

The correct statement highlights that Brady material must indeed be favorable to the defendant. This can include exculpatory evidence—information that may prove the defendant's innocence—or evidence that could lead to a lesser sentence or a more favorable outcome. This principle ensures that defendants receive a fair trial and that all relevant evidence is considered, promoting justice within the legal system.

The other options do not correctly represent the definition of Brady material. For instance, not all Brady material has to be admissible in court, as it pertains to the obligation of disclosure rather than its admissibility. Additionally, prosecutors are not given the choice to disclose Brady material; they are required by law to provide it when it exists. Finally, Brady material can include evidence from witnesses and is not limited in scope to excluding witness statements or evidence.