SOP Number S.01.104

Subject: Brady Disclosure

Page 1 of 3

SOUTH BRUNSWICK POLICE DEPARTMENT

STANDARD OPERATING
PROCEDURE / Brady Disclosure
S.1.104
DATE (s) / AUTHORS ID # / AUTHORITY
Effective: 02/7/2011 / Computer #131 / Chief Raymond J. Hayducka
Revised: / Computer #
Revised: / Computer #
Revised: / Computer #
Revised: / Computer #
Accreditation Standard:
Source(s): Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 450 U.S. 150 (1972).
Old Number:N/A / Appendix:A / Pages: 3

S.1.104.1 POLICY:

It shall be the policy of the South Brunswick Police Department that all agency employees are responsible to inform prosecutors of potential impeachment material as soon as possible prior to providing a sworn statement or testimony in any criminal investigation or case.

S.1.104.2PURPOSE:

To ensure compliance with the notion of fundamental fairness required by due process and case law.

S.1.104.3 DEFINITIONS:

Duty to Disclose: The landmark decision of Brady v Maryland (1963) places an affirmative constitutional duty on a prosecutor to disclose exculpatory evidence to a defendant. This duty has been extended to police agencies through case law, requiring law enforcement agencies to notify the prosecutor of any potential exculpatory information.

Exculpatory Evidence/Brady Material: Evidence in the government’s possession that is favorable to the accused and that is material to either guilt or punishment, including evidence that may impact the credibility of a witness.

S.1.104.4PROCEDURE:

  1. DOCUMENTATION: The following information must be disclosed to any Prosecutors using the South Brunswick Disclosure Form (Appendix A).
  1. Substantial allegations-any finding of misconduct demonstrating bias or lack of candor or truthfulness.
  1. Pending investigations-any credible allegation of misconduct that reflects upon the truthfulness or possible bias of employee who is the subject of pending investigation.
  1. Criminal Charges-any past or pending criminal charge against employee.
  1. Allegations that are unsubstantiated, not credible, or have resulted in exoneration-when allegations can be said to go to the truthfulness of the employee, even they must be revealed to the prosecutor under certain circumstances.
  1. NOTIFICATION:
  1. When form is completed it will be signed and dated by the Employee and the Prosecutor.
  1. Employee will provide Prosecutor with original and provide the Chief with a copy through the chain-of-command.
  1. Copy of Disclosure form will be kept in officers IA file.

SOP Number S.01.104

Subject: Brady Disclosure

Page 1 of 3

APPENDIX A

South Brunswick Police Department

Employee Disclosure Notification Form

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Case Number: ______Summons Number:______

Employee Name: ______

Prosecutor Name: ______

Court: ______Date: ______

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Substantial Allegation (any finding of misconduct demonstrating bias or lack of candor or truthfulness)

Pending Investigation or Allegation (any credible allegation of misconduct that reflects upon the

truthfulness of possible bias of the employee who is subject of pending investigation)

Criminal Charges (any past or pending criminal charge against employee)

Allegations that are Unsubstantiated, Not Credible, or have resulted in Exoneration (when the allegations

Unsubstantiated, not credible, or which resulted in exoneration can be said to go to the truthfulness of the

Employee).

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Comments: ______

______

______

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Employee Signature: ______Date: ______

Prosecutor Signature: ______Date: ______