Brady / Giglio Disclosures Policy Overview

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What is the main requirement outlined in the Brady v. Maryland case?

Withholding Exculpatory Evidence from the defense

Disclosing Impeachment Evidence to the defense

Providing Exculpatory Evidence to the defense (correct)

Violating a defendant's due process rights

Which type of evidence must be disclosed under Giglio v. United States?

Exculpatory Evidence

Physical Evidence gathered at the crime scene

Impeachment Evidence against government witnesses (correct)

Impeachment Evidence against defense witnesses

Who determines if an OPD employee is a Brady/Giglio Employee?

Prosecuting Offices (correct)

The defense attorneys

The judge presiding over the court proceedings

The Omaha Police Department

What is the collective term used for cases that have added requirements to Brady and Giglio disclosures?

'Brady/Giglio cases' Signup and view all the answers

In what capacity did the Omaha City Prosecutor and Douglas County Attorney contribute to the creation of the policy?

As consultants in legal compliance Signup and view all the answers

Why was this policy created for the Omaha Police Department?

To ensure compliance with court orders Signup and view all the answers

What will the initial summary provided to the Prosecuting Office include?

Evaluation of Brady/Giglio Employee status Signup and view all the answers

When a Prosecuting Office determines an employee is a Brady/Giglio Employee, who should be notified of this determination?

The employee and their Chain of Command Signup and view all the answers

How are determinations provided by Prosecuting Offices handled within the OPD?

Maintained permanently in the Officer's Internal Affairs file Signup and view all the answers

What action may be taken by the Chief of Police in relation to employees identified as Brady/Giglio Employees?

Reassignment or modification of work assignments Signup and view all the answers

Why does OPD specify that due to open court rules, they cannot maintain confidentiality of a Brady/Giglio Employee in a court setting?

Because of legal constraints Signup and view all the answers

What is the responsibility of OPD concerning the disclosure of an employee's Brady/Giglio status made by Prosecuting Offices?

To maintain confidentiality Signup and view all the answers

What type of evidence tends to negate the defendant's responsibility for the charged crime and is material to the guilt, innocence, or punishment of the accused?

Exculpatory Evidence Signup and view all the answers

Which type of evidence is used to demonstrate that a witness is biased, prejudiced, or has a motive to fabricate testimony?

Impeachment Evidence Signup and view all the answers

What type of evidence includes information that may negatively impact the credibility of a government witness, such as a law enforcement officer?

Exculpatory Evidence Signup and view all the answers

Which body reviews internal investigations involving OPD employees who may testify in court to determine their applicability to Brady/Giglio standards?

OPD Professional Oversight Bureau (POB) Signup and view all the answers

What findings require immediate notification to the Prosecuting Offices regarding OPD employees subject to Brady/Giglio disclosure?

Misconduct findings that reflect upon truthfulness or bias of an employee Signup and view all the answers

What does the OPD Professional Oversight Bureau (POB) do after identifying an instance subject to Brady/Giglio disclosure?

Present a summary of findings to each Prosecuting Office without employee identification Signup and view all the answers

When should OPD officers document Exculpatory Evidence according to the procedure outlined?

Whether discovered pre- or post-conviction Signup and view all the answers

What type of allegations warrant immediate notification to Prosecuting Offices regarding OPD employees under Brady/Giglio disclosure?

'Policy allegation' findings along with misconduct findings reflecting truthfulness or bias Signup and view all the answers

What is considered when determining if an employee is subject to Brady/Giglio disclosure?

'POB considers any action that has occurred in the employee’s life/career' Signup and view all the answers