What is Brady list?
The Brady List is the definitive public-facing database of information about police misconduct, public complaints, use-of-force reports, and more... This platform is available as-a-service to all Peace Officer Standards & Training [POST] Departments, Prosecutors, and Law Enforcement Organizations [LEOrgs].
What is the difference between Brady and Giglio?
The case extended the Court's holding in Brady v. Maryland, requiring such agreements to be disclosed to defense counsel. As a result of this case, the term Giglio material is sometimes used to refer to any information pertaining to deals that witnesses in a criminal case may have entered into with the government.
What is a Giglio background check?
Giglio Policy and Process outlines procedures for DOJ to organize certain potential impeachment information regarding federal, state, and local law enforcement witnesses and affiants in a system of records searchable by the name of the law enforcement witness/affiant.
What does it mean to be Giglio impaired?
Brady-Giglio Impaired means that a police officer has engaged in certain qualifying conduct established by the Ramsey County Attorney that may necessitate disclosure as part of the prosecution or defense of a criminal defendant.
What is the Brady standard?
The Brady rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.
What are some of the requirements required by the prosecutor under the Giglio v United States decision?
The prosecution is legally required to disclose any misconduct or compromising information regarding the witness to the defense attorney, who will then use it to impeach the law enforcement witness on the stand. The end result can be the loss of what would have been a strong case.
What is the Brady list in California?
(See generally Penal Code section 832.7.) A Brady list is kept by some law enforcement agencies to track officers that the agency has identified as having exculpatory or impeachment information in their personnel files to help administer disclosure to prosecutors.
What impact does Giglio v United States have on law enforcement?
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.
What is a Brady violation when it comes to discovery issues?
A “Brady Violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes. Everyone has the right to due process and a fair trial.
What is a Giglio person?
A Giglio letter is a document written by a prosecutor when he or she finds out about a law enforcement officer who may not be credible on the stand. With this documented lack of credibility, the law enforcement officer is very unlikely to be used as a witness in a trial.
What is Giglio henthorn material?
Giglio/Henthorn Reviews: Matter of Trial Procedure. In all criminal cases the government is under a constitutional obligation to disclose upon a defendant's request evidence material either to guilt or punishment (i.e., exculpatory evidence), Brady v.
Who was John Giglio?
John Giglio was convicted of passing forged money orders. While his appeal to the U.S. Court of Appeals for the Second Circuit was pending, Giglio's counsel discovered new evidence.
What is a Giglio person?
A Giglio letter is a document written by a prosecutor when he or she finds out about a law enforcement officer who may not be credible on the stand. With this documented lack of credibility, the law enforcement officer is very unlikely to be used as a witness in a trial.
What is Giglio henthorn material?
Giglio/Henthorn Reviews: Matter of Trial Procedure. In all criminal cases the government is under a constitutional obligation to disclose upon a defendant's request evidence material either to guilt or punishment (i.e., exculpatory evidence), Brady v.
What is the Brady list in California?
(See generally Penal Code section 832.7.) A Brady list is kept by some law enforcement agencies to track officers that the agency has identified as having exculpatory or impeachment information in their personnel files to help administer disclosure to prosecutors.
Who was John Giglio?
John Giglio was convicted of passing forged money orders. While his appeal to the U.S. Court of Appeals for the Second Circuit was pending, Giglio's counsel discovered new evidence.
What is the Giglio system?
First, prosecuting offices keep a Giglio system of records, which they may use to provide impeachment information about an officer to another prosecuting office if that officer will testify in another judicial district. U.S.A.M. 95.100 (10) (a). The only limitation on this is that the prosecuting official shall notify the law enforcement agency ...
What is the only limitation on the prosecuting official?
The only limitation on this is that the prosecuting official shall notify the law enforcement agency employing an officer subject to a pending misconduct investigation before providing any information to another prosecuting office in order to “avoid the unnecessary disclosure of potentially derogatory information.”. Id.
What is Brady-Giglio policy?
However, it is important to note that the Brady-Giglio policy encompasses those who work in all areas of law enforcement ,and as such,is applicable to all corrections staff/officials working in jails and prisons as well. The Brady-Giglio policy requires prosecutors to disclose exculpatory and impeachment evidence when such evidence is material ...
Which category has the most far-reaching effects for law enforcement?
While all of the categories are broad in scope and include language such as “any” and “not limited to,” category (iv) appears to have the most far-reaching effects for law enforcement.
Is Brady-Giglio policy a loss of employment?
This has led many law enforcement agencies to conclude that an officer affected by the Brady-Giglio policy is no longer employable. Thus, an alarming implication of the Brady-Giglio policy is that some officers may face loss of employment. In addition to its broad definition of impeachment evidence for trial, the Manual also provides reporting ...
Can an officer be impeached?
This means that an officer could be impeached as a witness not only for conduct with regard to his professional life, but also his personal life. The application of the Brady-Giglio policy has had various negative implications for law enforcement. When a judge determines that an officer should be impeached as a witness in a criminal trial ...
Is a police report hearsay?
Further, police reports and other documents prepared by that officer would also be considered inadmissible hearsay unless the officer could testify at the trial. Without the testimony of the officer with the most knowledge of the facts,the prosecution would thus find it difficult to prove their case.
What is Strickler v Greene?
All statements made orally or in writing by any witness the prosecution intends to call in its case-in-chief that are inconsistent with other statements made by that same witness; Strickler v. Greene, 527 US 263, 281; 119 S Ct 1936; 144 L Ed 2d 286 (1999)
What is the Supreme Court ruling in Wood v. Bartholomew?
The Supreme Court has held that there is no Brady violation where the evidence would have been inadmissible during trial. Wood v. Bartholomew, 516 US 1, 6; 116 S Ct 7; 133 Led2d 1 (1995). In Wood, the prisoner argued that the prosecution’s failure to disclose the polygraph results of a key witness violated Brady. The Supreme Court disagreed, “The information at issue here, then—the results of a polygraph examination of one of the witnesses—is not ‘evidence’ at all. Disclosure of the polygraph results, then, could have had no direct effect on the outcome of trial, because respondent could have made no mention of them either during argument or while questioning witnesses.”
What are the elements of a Brady claim?
To assert a successful Brady claim, a defendant must show the following three essential elements: “[1] [t]he evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching; [2] that evidence must have been suppressed by the State, either willfully or inadvertently; and [3] prejudice must have ensued .” Strickler, 527 US at 281–82. “Stated differently, the components of a “true Brady violation,” are that: (1) the prosecution has suppressed evidence; (2) that is favorable to the accused; and (3) that is material.” Chenault, 495 Mich at 150, citing Strickler, 527 US at 281-282.See also, Skinner v Switzer, 526 US 521, 536; 131 S Ct 1289; 179 L Ed2d 233 (2011).
What is due process in Maryland?
Maryland, 373 US 83, 87; 83 S Ct 1194; 10 L Ed 2d 215 (1963), the United States Supreme Court held that due process requires the prosecution to disclose evidence favorable to the accused, where such evidence is material to guilt or punishment. “[S]uppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” Id. This rule is followed in Michigan. People v Chenault, 495 Mich 142, 149-150; 845 NW2d 731 (2014) and was recently reaffirmed by the United States Supreme Court, “Under Brady, the State violates a defendant’s right to due process if it withholds evidence that is favorable to the defense and material to the defendant’s guilt or punishment.” Smith v. Cain, 132 S. Ct. 627, 630; 181 L Ed2d 571 (2012).
What is Brady Giglio?
The Brady/Giglio cases and their progeny impose a complex framework of requirements upon prosecutors regarding their duty to disclose material exculpatory evidence to defendants. This complex body of law is not easily summarized, and each office and attorney should diligently research specific case issues as they arise. Additionally, each individual office must decide which policies and procedures to enact to ensure compliance with these duties. This manual is meant to be a resource and starting point for such issues. As with any legal research, care should be exercised when relying upon cited cases and attorneys are responsible for ensuring the viability of the laws cited.
Is Brady a constitutional mandate?
“[I]t must be remembered that Brady is a constitutional mandate. It exacts the minimum that the prosecutor, state or federal, must do” to avoid violating a defendant’s due process rights. United States v. Beasley, 576 F2d 626, 630 (CA 5, 1978) (emphasis added).
Does Brady's case involve discovery?
Rather, it provides a remedy where the prosecution fails to disclose exculpatory information that undermines confidence in the verdict resulting in a constitutional due process violation. Under Brady, a prosecutor must disclose exculpatory evidence, regardless of whether the defendant requests it. See Kyles, 514 US at 433.
Courts recognize officers have due process rights when being Brady listed
Citing other court decisions, a Pennsylvania appellate court ruled in Fraternal Order of Police Lodge No. 5 v. City of Philadelphia (2021) that neither Brady nor Giglio eliminated officers’ due process rights regarding their placement on a Brady list.
Some states are legislating due process for officers
Last year, with the advocacy of the Combined Law Enforcement Associations of Texas (CLEAT), two bills – HB 3831 and SB 1894 – were filed that would provide officers a hearing through the State Office of Administrative Hearings if they felt they were unjustly placed on a Brady List.
Time to get ahead
Prosecutors and PDs should embrace Brady’s and Giglio’s affirmative duty to disclose evidence relating to officers’ credibility. This isn’t about shielding dishonest officers, who tarnish the badge and burden the profession.
About the author
As a state and federal prosecutor, Val’s trial work was featured on ABC'S PRIMETIME LIVE, Discovery Channel's Justice Files, in USA Today, The National Enquirer and REDBOOK. Described by Calibre Press as "the indisputable master of entertrainment," Val is now an international law enforcement trainer and writer.
What happens if an impartial judge finds no Brady issue?
A lawyer who represents cops suggests that if an impartial arbiter finds no Brady issue, that ends the matter. That leaves any defendants and their attorneys out of the process.
What happens if you are on the Brady list?
For officers, being placed on a Brady list can be career damaging or career ending. Beyond the stigma and damage to their reputation, it can limit their assignments, advancement, other job prospects and possibly result in termination. Prosecutors can decide to avoid having a Brady -listed cop testify or refuse to accept a case in which they’re an ...
Why are Brady lists important?
Because of this duty (the violation of which has numerous consequences), many prosecutors have established Brady lists – names of officers whose credibility could be impeached at trial based on information about their truthfulness, honesty, bias, or an issue central to the particular case such as use of force.
Can a Brady cop testify?
Prosecutors can decide to avoid having a Brady -listed cop testify or refuse to accept a case in which they’re an essential witness . That could limit the officer from any police activity that might lead to the witness stand. Most departments can’t afford to limit officers to administrative duties indefinitely.
Does Brady preclude due process?
Brady does not preclude due process for officers, but it does not permit elevating such process above a defendant’s constitutional rights. Accordingly, I recommend, if an arbiter finds no Brady issue, that finding and the evidence is provided to a defense attorney in a case in which the officer is to testify.
Who decides whether an officer gets Brady listed?
Generally, the decision about whether an officer gets Brady listed is entirely up to the prosecutor. Prosecutors may delegate part of that decision-making by enlisting the officer’s department to maintain a Brady list for prosecutorial review, but they need not.
Is a Brady list public?
In other states, only records of severe discipline, like a suspension or termination, are public. Other legislation would prohibit job action against officers solely because they are on a Brady list. California and Maryland have enacted such statutes.
