In separate trials petitioner Brady and another individual were convicted of robbery and murder and sentenced to die. Prior to trial Brady's counsel requested copies of extrajudicial statements made by the co-defendant. The prosecution failed to turn over one statement in which the co-defendant admitted to doing the actual killing. The Supreme Court found that this was a violation of the defendant's federal due process rights and entitled him to a new trial.
1. If a prosecutor intentionally withholds evidence from the defense, is that also an ethical violation?
2. If a prosecutor, acting in good faith, withholds evidence from the defense, is that also an ethical violation?