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Four Different Applications of the Brady Doctrine

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This wikilog article is a draft, it was not published yet.

by: Ryan Scott • July 13, 2016 • no comments

Police personnel records and Brady. A nightmare, right? See the analysis here. Notable paragraph:

3. “Access and Disclosure” Regimes. In many states, prosecutors have special access to the personnel files that criminal defendants do not, and they thus bear an obligation under Brady to learn of and disclose any favorable, material evidence contained therein. Prosecutors in a number of jurisdictions have established systems to ensure the disclosure occurs. Brady’s Blind Spot fleshes out the systems used by prosecutors in Washington, Minnesota, North Carolina and the District. In short, prosecutors review the personnel files for any information that speaks to the credibility of the officers, their history of bias or their use of excessive force.
The prosecutors then assemble so-called “Brady lists” of the problem officers. Whenever these “Brady cops” are slated to testify in a case, the prosecutor will consult her own internal dossier on the officer’s credibility problems or else request further information from the police department.