Members of the prosecution team include federal, state, and local law enforcement officers and other government officials participating in the investigation and prosecution of the criminal case against the defendant.
WRITTEN WITNESS STATEMENT EXAMPLE LETTER TRIAL
While ordinarily, evidence that would not be admissible at trial need not be disclosed, this policy encourages prosecutors to err on the side of disclosure if admissibility is a close question. Recognizing that it is sometimes difficult to assess the materiality of evidence before trial, prosecutors generally must take a broad view of materiality and err on the side of disclosing exculpatory and impeaching evidence.
Materiality and Admissibility. Exculpatory and impeachment evidence is material to a finding of guilt-and thus the Constitution requires disclosure-when there is a reasonable probability that effective use of the evidence will result in an acquittal.Neither the Constitution nor this policy, however, creates a general discovery right for trial preparation or plea negotiations. Because they are Constitutional obligations, Brady and Giglio evidence must be disclosed regardless of whether the defendant makes a request for exculpatory or impeachment evidence. The law requires the disclosure of exculpatory and impeachment evidence when such evidence is material to guilt or punishment. Constitutional obligation to ensure a fair trial and disclose material exculpatory and impeachment evidence. Government disclosure of material exculpatory and impeachment evidence is part of the constitutional guarantee to a fair trial.Additionally, this policy does not alter or supersede the policy that requires prosecutors to disclose "substantial evidence that directly negates the guilt of a subject of the investigation" to the grand jury before seeking an indictment, see JM 9-11.233. This policy is not a substitute for researching the legal issues that may arise in an individual case. The policy, however, recognizes that other interests, such as witness security and national security, are also critically important, see JM 9-21.000, and that if disclosure prior to trial might jeopardize these interests, disclosure may be delayed or restricted ( e.g. pursuant to the Classified Information Procedures Act). The policy is intended to ensure timely disclosure of an appropriate scope of exculpatory and impeachment information so as to ensure that trials are fair.
Purpose. Consistent with applicable federal statutes, rules, and case law, the policy set forth here is intended to promote regularity in disclosure practices, through the reasoned and guided exercise of prosecutorial judgment and discretion by attorneys for the government, with respect to the government's obligation both to disclose exculpatory and impeachment information to criminal defendants and to seek a just result in every case.Policy Regarding the Disclosure to Prosecutors of Potential Impeachment Information Concerning Law Enforcement Agency Witnesses ("Giglio Policy")Īuthorization to Close Judicial Proceedings to Members of the Press and Publicĩ-5.001 - Policy Regarding Disclosure of Exculpatory and Impeachment Information
Guidance on the Use, Preservation, and Disclosure of Electronic Communications in Federal Criminal Cases
Policy Regarding Disclosure of Exculpatory and Impeachment InformationĬriminal Discovery Involving Forensic Evidence and Experts
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