Law Enforcement Disclosure Obligations

Internal Review Assessments for Law Enforcement Agencies

Brady v. Maryland placed an affirmative constitutional duty on prosecutors to disclose exculpatory evidence to a defendant. The Courts have extended this duty to law enforcement agencies. Departments are required to notify prosecutors of any potential exculpatory information. “Brady Evidence” includes evidence in the government’s possession that is favorable to the charged defendant and that evidence is material to the guilt, including evidence that may impact a witness’ credibility.

In Giglio v United States, the court required that in addition to disclosing exculpatory evidence, information that could be used to impeach government witnesses has to be disclosed where doubt could be raised regarding the credibility of the witness. Under Brady and Giglio prosecutors must disclose exculpatory evidence and also any information that could be used by defense attorneys to impeach government witnesses.

Nationally and, more importantly, locally, prosecutors have been developing “Brady Witness Lists” related to individual law enforcement officers. Brady/Giglio Lists commonly contain the names of law enforcement officers who have had sustained discipline and/or incidents of untruthfulness or some issue with frankness or candor. When a police officer testifies as a government witness, police departments and prosecutors have the obligation to seek out and disclose Brady/Giglio type information.

As Brady /Giglio Lists and other related issues evolve for law enforcement witnesses, the responsibilities and consequences for individual officers and each police department grow.

- Does your department have a Brady/Giglio Procedure?

- Do you have a good working relationship on those matters with your county and city attorney?

- Do you have Brady/Giglio officers that need to be advised and rehabilitated?

We Can Help. 

Customizable, department specific services include:

  • An initial presentation of Brady/Giglio with command and administrative staff
  • A confidential administrative review of all employee personal files
  • A private consultation on findings and recommendations of the audit
  • A consultation with your local county and city attorneys

Our Consulting Services Team can help your agency or department address its Disclosure Obligations.
Call 651-439-2878 or send us an e-mail today.

Our Team Can Help

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