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Brady/Giglio: How do these cases affect every public safety agency?

The landmark decision of Brady v Maryland and its progeny is perhaps one of the most significant Supreme Court decisions to ever impact the criminal justice system. Unfortunately, many law enforcement agencies nationwide have failed to train their officers on their obligations to disclose exculpatory material as a result of the Brady decision.

In 1963, the Supreme Court ruled in the Brady case that the government has a duty to disclose material evidence to the defense, which could tend to change the outcome of a trial. This exculpatory evidence, often referred to as “Brady Material,” could tend to prove that the accused party is innocent or cast doubt of their guilt.

In 1972, the Giglio v United States case expanded the Brady decision to require prosecutors to provide information to the defense counsel which could tend to impeach a witness. For example, if a witness is motivated to testify in exchange for a lighter sentence, that information must be disclosed. This includes information about the credibility and veracity of the testimony of police officers. If an officer has a past record of falsifying reports or other conduct which could impact their truthfulness, the Giglio Case requires that the prosecutor provide the defense with that information.  It is therefore critical that when an agency sustains charges against an officer for falsification that they ensure they have the required evidence to support that charge. Having a sustained allegation for falsification can effectively destroy an officer’s career since he/she will forever be an impeachable witness.

Discussion will include the following topics:

  • What are these cases and why have they taken on greater emphasis?
  • Three areas that your agency needs to address
  • Why is the credibility of your employees paramount, and what are the negative consequences when one employee may not be allowed to testify?
  • The essential elements of developing written policy to cover these operational issues of Brady/Giglio

Instructor: Lou Reiter

Date: May 30, 2019

Time: 11am – 12pm Eastern

Cost: $99

PLEASE NOTE:  Your registration for this webinar will give you access to the live session, as well as 30 days of access to the recorded version of the webinar once the live session has ended.

Group Viewing Encouraged: As few as just one attendee or a training room full; multiple attendees can view the webinar from one single location and each attendee can receive a certificate

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