Reference no: EM133213573
Case: If you have been in law enforcement for any amount of time you may have heard the terms "Brady" or "Giglio," but a large percentage of officers are uninformed about the potential impact these cases can have on their careers. If you get a policy named after you, it is probably not a good thing but so I digress. When an officer becomes aware of the ramifications of a Brady or Giglio letter, it may be too late so this thread is meant to give us a basic but critical understanding.
In the 1963 Brady v. Maryland case, the Supreme Court held that prosecutors must disclose any exculpatory evidence to the accused material to his guilt or punishment. Subsequently, in the 1972 Giglio v. United States case, the court held that exculpatory evidence also includes information that can be used to impeach the credibility of prosecution witnesses, including police officers.
Today, prosecutors have been left to determine under their discretion what rises to the level of a Brady (failure to disclose exculpatory material) or Giglio (truthfulness) violation. Once they determine a violation has occurred, some choose to notify directly or provide letters to the defense each time an officer appears on a witness list. Some district attorneys help and maintain a "blacklisted" officers database periodically provided to media and the public.
As an officer of the law, your word is paramount. You don't want to get caught 'testi-lying' to win the conviction i.e. "the means justifies the end" Noble Cause Corruption. Your ethics will drive your ability to be candid in various situations.
Getting hit with a Giglio letter can be the death knell for your career. Lets have substantive discussion on:
Question 1. What should be included on a 'Brady' list concerning an officer... (perjury, IA findings, playing hooky) Why?
Question 2. Who should decide (DA, Police Credentialing Board, or Chief) Why?
Question 3. Should the 'list' be maintained indefinitely or have a period of time where names fall off. Why?
Question 4. Does your department speak to this issue (if you are in Law Enforcement) or are there State laws that govern?
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