What are two examples of officer actions that must be disclosed under the Brady rule?
Examples include the following:
- The prosecutor must disclose an agreement not to prosecute a witness in exchange for the witness's testimony.
- The prosecutor must disclose leniency (or preferential treatment) agreements made with witnesses in exchange for testimony.
What is an example of a Brady violation?
Examples of Brady material that must be disclosed include: Inconsistent descriptions by different witnesses of the criminal or the crime. Pending charges against the police informant.
When must Brady material be disclosed?
Because they are Constitutional obligations, Brady and Giglio evidence must be disclosed regardless of whether the defendant makes a request for exculpatory or impeachment evidence. Kyles v. Whitley, 514 U.S. 419, 432-33 (1995).
What does the Brady rule require?
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 is a violation of the Brady rule?
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 EXCULPATORY EVIDENCE? What does EXCULPATORY EVIDENCE mean? EXCULPATORY EVIDENCE meaning
What is a Brady motion?
A Brady motion is a defendant's request that the prosecution in a California criminal case turn over any potentially “exculpatory” evidence, or evidence that may be favorable to the accused.
What are examples of exculpatory evidence?
Exculpatory evidence includes any evidence that may prove a defendant's innocence. Examples of exculpatory evidence include an alibi, such as witness testimony that a defendant was somewhere else when the crime occurred.
What is a Brady indicator?
Brady indicators are used to extend the prohibitions of the Gun Control Act of 1968 relating to the possession, receipt, and purchase of firearms and ammunition of persons who are subject to a final protection order if the protection order meets four criteria.
What is a Brady officer?
A Giglio or Brady list is a list compiled usually by a prosecutor's office or a police department containing the names and details of law enforcement officers who have had sustained incidents of untruthfulness, criminal convictions, candor issues, or some other type of issue placing their credibility into question.
What does Brady mean in legal terms?
Legal Definition of Brady material
: evidence known to the prosecution that is favorable to a defendant's case and material to the issue of guilt or to punishment and that the prosecution is obligated to disclose to the defense : exculpatory evidence known to the prosecution that must be disclosed.
What type of evidence tends to show innocence of the accused and must be disclosed?
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt.
What is disclosure of evidence?
Disclosure of evidence refers to the process by which someone charged with a criminal offence is provided copies of, or access to, material from the investigation that is capable of undermining the prosecution case and/or assisting their defence. Disclosure has been the subject of scrutiny for over a decade.
Does the prosecutor have to disclose all evidence?
Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.
What are Brady issues?
Brady issues typically arise when a prosecutor gets tunnel vision because he or she is so convinced the defendant is guilty of the crime.
What are 3 things the prosecutor has discretion deciding?
Prosecutors exercise the most discretion in three areas of decision making: the decision to file charges, the decision to dismiss charges, and plea bargaining.
Which of the following is considered prosecutorial misconduct based on the decision in Brady v Maryland 1963 )?
Which of the following is considered prosecutorial misconduct based on the decision in Brady v. Maryland (1963)? A person was charged with trespassing. The person has a job and family, and this is the person's first offense.
How can the Brady rule affect officer credibility?
Under Brady, evidence affecting the credibility of the police officer as a witness may be exculpatory evidence and should be given to the defense during discovery. Evidence that the officer has had in his personnel file a sustained finding of untruthfulness is clearly exculpatory to the defense.
Why is it called the Brady list?
A Brady List is a watch list that prosecutors use to keep track of police officers who have engaged in or have been accused of misconduct. The name comes from a 1963 US Supreme Court case called Brady v. Maryland, the first case to establish them.
When should officers receive ethics training?
California law requires state officials to complete an ethics training course within six months of being hired. If your service is ongoing, you must complete the course once during each two-year period. The two-year period begins with an odd-numbered year, for example, 2017-18, 2019-20, etc.
What is Brady disqualified?
Brady disqualified means that a person is disqualified under criteria set for in the Brady Bill from purchasing a firearm.
What is the Brady Rule quizlet?
Brady Rule. the rule that requires the prosecution to disclose, upon request, evidence favorable to the accused. Due Process. the minimum procedural protections courts must afford those charged with crimes; guaranteed by the firth and fourteenth amendments.
What are exculpatory statements?
An exculpatory statement is defined as a statement by the defendant that tends to clear a defendant from alleged guilt, or a statement that tends to justify or excuse his/her actions or presence.
Why is it important for prosecutors to disclose exculpatory?
Evidence is exculpatory and must be disclosed if it supports any defense, whether or not one of factual innocence, and if it merely lessens the degree of guilt. The disclosure must be early and full enough to enable the defendant to conduct a thorough investigation and to evaluate whether or not to plead guilty.
What happens after a Brady violation?
Consequences of a Brady violation can include having a conviction vacated, as well as disciplinary actions against the prosecutor.