Join Jack Ryan as he walks through what every agency needs to know as it relates to Brandy/Giglio. Participants will learn:
- What constitutes exculpatory evidence as well as the obligation of the prosecution in any criminal case to provide the defense with notice with respect to all exculpatory evidence.
- How, through civil rights lawsuits, law enforcement can be held liable for the failure to disclose exculpatory evidence.
- The rules coming from Brady/Giglio and follow-up cases that make it clear that materials outside of the case file, which bear on the credibility of witnesses fits squarely within the rules of exculpatory evidence.
- How this impacts the disciplinary process and the credibility of officers who may be subject to impeachment as the result of acts outside the case at hand.
- The importance of having a clear record of officer misconduct that bears on honesty/credibility of all officers within the agency and the duty to disclose any misconduct bearing on honesty/credibility of officers who will be called to testify in criminal cases.
- How courts will undertake a review of an officer’s history to determine whether past misconduct constitutes Brady material and whether such impeachment of the officer will be allowed.
- The civil liability an agency can face for any breach of the duty to disclose exculpatory evidence to the prosecutor and the importance of documenting such disclosures.