Our team will conduct internal assessments to help agencies take preemptive and constructive measures to meet disclosure requirements and also mitigate any issues related to Brady/Giglio, as well as other policy reviews.
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 List” 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 review
- A consultation with your local county and city attorneys
Procedures and Policies Review and Consultation
In 1978, Minnesota code statute Minn. Stat. § 609.066— Authorized Use of Deadly Force by Peace Officers. For over forty years, the statute saw little change through legislative amendments and applicable case law. However, recently, the evolution of criminal charges against police officers has changed.
- In 2016, Jeronimo Yanez was charged with Second Degree Manslaughter.
- In 2017, Mohammed Noor was charged with murder and manslaughter for unauthorized use of deadly force.
- In 2020, the arrest and prosecution of Derek Chauvin brought national and local discussion on use of force and police reform.
- In 2022, Kim Potter was charged and found guilty of a culpably negligent mistake.
At the center of the discussions surrounding these incidents was Minn. Stat. § 609.066, including the amendment to the four-decade statute that placed new requirements on peace officers. In addition, multiple cases involving law enforcement personnel have been prosecuted in Minnesota. As a result, policies and procedures related to use of force have drastically changed, and have played a large role in the conviction of several police officers.
- Has your policy been independently reviewed?
- Do your polices ensure that your department is transparent with the communities you serve?
- Can the wording of your policies have a detrimental impact on sworn members in your department?
We can help.
Customizable, department speciic services include:
- An initial consultation of Use of Force Policy review
- An administrative review of all Use of Force Policies
- A consultation with designated command staff on findings and recommendations relating to the consultation
- Drafting policies and procedures related to the consultation
- A consultation with your local county and city attorneys (if applicable)
Our Consulting Team Can Help