NCJ Number
163134
Journal
FBI Law Enforcement Bulletin Volume: 65 Issue: 7 Dated: (July 1996) Pages: 27-32
Date Published
1996
Length
6 pages
Annotation
Personnel information concerning police officers who testify against the accused may be as important to the defense as evidence directly affecting innocence.
Abstract
Prior instances of lack of candor, previous bad acts, or a reputation for untruthfulness can be used to impeach a police officer's testimony and represent fundamental ingredients in a defendant's right to a fair trial. A recent U.S. Supreme Court decision concerning the government's constitutional duty to disclose information favorable to the accused comes at a time when law enforcement is under tremendous scrutiny in society as a whole and in the courtroom. More than ever before, defense attorneys are attacking client prosecutors by attacking those responsible for the investigation. The disclosure of personnel information about police officers often implicates sensitive professional and privacy interests, particularly in cases where the police officer has been exonerated or the matter is personal in nature. The government's duty to provide information on personnel and disciplinary matters related to police officers who testify on the government's behalf is discussed. Relevant case law establishing the government's legal duty to disclose exculpatory information is reviewed. The need for law enforcement agencies and prosecutors to establish policies on the type of information to be disclosed and methods by which such information can be maintained, retrieved, and disseminated to prosecutors when necessary is addressed. 10 endnotes