RECOGNITION OF THE IMBALANCE IN THE INFORMATION-GATHERING ABILITY OF POLICE WAS THE BASIS OF THE SUPREME COURT'S DECISION IN THE CASE OF BRADY VERSUS MARYLAND. THIS CASE ESTABLISHED THAT A CRIMINAL DEFENDANT HAS THE RIGHT, UPON REQUEST, TO THE DISCOVERY OF FAVORABLE MATERIAL EVIDENCE IN THE POSSESSION OF THE PROSECUTION. TO PROTECT THIS RIGHT OF DISCOVERY, THE BRADY DECISION HAS BEEN APPLIED IN A VARIETY OF SITUATIONS AFFECTING A DEFENDANT'S ACCESS TO EXCULPATORY EVIDENCE. THE SITUATION IN WHICH AN ACCUSED IS HAMPERED IN HIS OR HER DEFENSE BECAUSE OF POLICE FAILURE TO INVESTIGATE IS NOT ADDRESSED IN THE BRADY DECISION. ONCE IT HAS BEEN DETERMINED THAT THE BRADY DECISION EXTENDS TO A SITUATION IN WHICH EVIDENCE HAS BEEN LOST DUE TO A NEGLIGENT OR INTENTIONALLY INADEQUATE INVESTIGATION, STANDARDS MUST BE SET TO DETERMINE WHAT SANCTIONS TO APPLY AND WHEN TO APPLY THEM. A VIOLATION OF PROPOSED DUTY CAN THEN BE MEASURED BY A THREE-PART TEST. THE COURT SHOULD WEIGH: (1) THE DEGREE OF BAD FAITH OR NEGLIGENCE ON THE PART OF THE STATE; (2) WHETHER IT WAS REASONABLE AT THE TIME OF THE INVESTIGATION TO SUPPOSE THAT THE EVIDENCE SUBSEQUENTLY LOST WAS POSSIBLY MATERIAL; AND (3) THE ABILTIY OR INABILITY OF THE DEFENDANT TO HAVE GATHERED THE EVIDENCE WHILE IT WAS AVAILABLE. UNTIL COURTS OR LEGISLATURES DEVELOP ALTERNATIVE REMEDIES SUCH AS PRIVATE DAMAGE ACTIONS AND INTERNAL ADMINISTRATIVE SANCTIONS, DISMISSAL IS THE ONLY AVAILABLE SANCTION TO DETER POLICE VIOLATION OF THE DUTY PROPOSAL. THE EXTENSION OF PRINCIPLES AND SAFEGUARDS IN THE BRADY DECISION TO DETERMINE WHETHER POLICE FAILURE TO GATHER DISCOVERABLE EVIDENCE VIOLATES THE CONSTITUTION IS EXAMINED IN RELATION TO SIXTH AMENDMENT RIGHTS, DUE PROCESS, AND LEGAL AND FACTUAL GUILT. CASE LAW IS REVIEWED. (DEP)