Police and Prosecutors have the vast resources of the government at their disposable to investigate arrest and incarcerate individuals they believe engaged in criminal activity. However, Police and Prosecutors are people that make mistakes, so what power does a private citizen have against them?
One of many controversial issues in the prosecutorial system are Brady Disclosures. Brady disclosures arose in the 1963 United States Supreme Court case of Brady v. Maryland. This case held that a prosecutor must provide the Defendant with evidence that is material to their guilt or punishment. This essentially means the prosecutor must hand over evidence that makes a Police Officer, Prosecutor or anyone else involved in the prosecution look bad. For example, if a police officer has been convicted of perjury in a previous case the prosecutor must disclose that, or if a prosecution witness is granted immunity that needs to be disclosed.
Brady disclosures are controversial, because the prosecution is responsible for determining what is disclosed. Unsurprisingly, there are many gray areas regarding disclosure. For example, if someone is arrested and alleges a cop used excessive force, but there is no evidence of excessive force, should that complaint be disclosed in a separate trial two years later? If an officer was convicted for possession of marijuana in college, years before becoming a cop should that be disclosed? The list of possibilities is endless and there are very few clear answers regarding what should be disclosed. Therefore, the prosecutor is put in the catch-22 of prosecuting criminal activity, but also responsible for disclosing evidence that may allow criminal activity to go unpunished.
In summary, Brady disclosures are mandatory, but determining what needs to be disclosed is a very difficult decision. If you are facing prosecution there are other ways to obtain information such as discovery. In California, for example, you can file a Pitchess Motion to review the Police Officer’s disciplinary file, but specific requests must be made. However, Brady material is the catchall to ensure that someone facing prosecution is provided all the necessary information to receive a fair-trial.
The penalties for not disclosing Brady material include overturning a conviction and attorney-discipline. Prosecutors are in a catch-22, but criminal defendants are entitled to have all necessary information available to them. This system is not perfect and there have been numerous cases and legislative changes over the past 50 years to ensure fairness in the criminal justice system. However, ensuring fairness in the criminal justice system poses difficult questions with no easy answer.
Authored by Ryan Griffith, LegalMatch Legal Writer and Attorney at Law
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