21 Questions
What is the main requirement outlined in the Brady v. Maryland case?
Providing Exculpatory Evidence to the defense
Which type of evidence must be disclosed under Giglio v. United States?
Impeachment Evidence against government witnesses
Who determines if an OPD employee is a Brady/Giglio Employee?
Prosecuting Offices
What is the collective term used for cases that have added requirements to Brady and Giglio disclosures?
'Brady/Giglio cases'
In what capacity did the Omaha City Prosecutor and Douglas County Attorney contribute to the creation of the policy?
As consultants in legal compliance
Why was this policy created for the Omaha Police Department?
To ensure compliance with court orders
What will the initial summary provided to the Prosecuting Office include?
Evaluation of Brady/Giglio Employee status
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
How are determinations provided by Prosecuting Offices handled within the OPD?
Maintained permanently in the Officer's Internal Affairs file
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
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
What is the responsibility of OPD concerning the disclosure of an employee's Brady/Giglio status made by Prosecuting Offices?
To maintain confidentiality
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
Which type of evidence is used to demonstrate that a witness is biased, prejudiced, or has a motive to fabricate testimony?
Impeachment Evidence
What type of evidence includes information that may negatively impact the credibility of a government witness, such as a law enforcement officer?
Exculpatory Evidence
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)
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
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
When should OPD officers document Exculpatory Evidence according to the procedure outlined?
Whether discovered pre- or post-conviction
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
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'
Learn about the Brady v. Maryland and Giglio v. United States cases that established the requirement for prosecutors to disclose exculpatory and impeachment evidence. Explore how these cases impact due process rights and the disclosure of evidence against government witnesses.
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