Brady Policy and Officer Credibility

Law & OrderVol. 56 Nbr. 2, February 2008

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Summary


The purpose of such policy is to assure that the department and its members meet their constitutional obligations to disclose exculpatory evidence in criminal prosecutions, including information that would bear negatively on the credibility of material witnesses for the government-including police witnesses. Affected Employees Division commanders and the Commander of the Office of Professional Responsibility (or, in any event, the person in charge of the internal affairs function) should be charged by policy to make all reasonable efforts to become aware of any employee whose record would be Brady material if that employee were to be a material witness in a criminal prosecution and should be required to promptly report any such circumstances to the agency head.

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Extract


Brady Policy and Officer Credibility

Since Brady v. Maryland was decided by the United States Supreme Court in 1963, there has been a clear constitutional duty on the part of government to disclose information that would be materially favorable to the defense in a criminal prosecution. In Giglio v. United States, decided in 1972, and subsequent cases, ...

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