Disclosing Officer Untruthfulness



Abstract

There are many cases of U.S. Supreme Court that have clarified the decisions regarding the disclosure of complete information and evidence by the prosecutors to the defense. It also includes the reporting of police officers that are involved in the case and have a past record of lying in the official capacity.

Abstracti

U.S. Supreme Court Cases1

Brady v. Maryland, 373 U.S. 83 (1963)1

Giglio v. United States, 405 U. S. 150 (1972)2

United States v. Agurs, 427 U. S. 97 (1976)2

Kyles v. Whitley, 514 U. S. 419 (1995)3

United States v. Bagley, 473 U. S. 667 (1985)3

Decision Regarding the Situation4

Conclusion6

Bibliography7

Disclosing Officer Untruthfulness

U.S. Supreme Court Cases

In order to make the decision, it is very important to analyze different cases such as Brady v. Maryland, Giglio v. United States, United States v. Agurs and United States v. Bagley. There brief discussion is given as:

Brady v. Maryland, 373 U.S. 83 (1963)

In Maryland Court's separate trials, the jury judges both laws and the facts. The court passed on the evidence admissibility and both the companion and the petitioner were convicted to murder of first degree and death penalty. During the trial, the petitioner admitted his participation in crime but also claimed that the actual killing was done by his companion not him. The counsel of petitioner in his summation to the jury said that the petitioner was guilty of murder of first degree. Before the trial, the counsel of petitioner made a request to the prosecution to let him review extrajudicial statements of the companion. Most of those statements were shown to him but one was withheld in which the actual killing was admitted by the companion. This did not come to the notice of petitioner until after being tried, convicted and sentenced. In the proceeding of post-conviction, Maryland Court of Appeal said the with-holding of evidence resulted in denial of due process of law by the petitioner (supreme.justia.com).

This case in interpreted that the prosecution needs to disclose all the material that serves as exculpatory evidence to the defense. The police officers who are dishonest are called Brady Cops. The prosecutors need to notify the defendants when a police officer who is involved in their case holds a record of lying in their official capacity (Kamb & Nalder, 2008).

Giglio v. United States, 405 U. S. 150 (1972)

On the basis of new discovery of evidence, the petitioner in this case filed for a new trial because the government had failed in disclosing a promise of leniency that it had made to one of the key witness for his testimony. After hearing the motion of the petitioner, the Assistant Attorney who presented the case admitted that he had promised the witness that he will not be prosecuted if he will testify before the jury. The Assistant that tried the case did not know of this promise (supreme.justia.com).

The lack of authority of the Assistant and his failure in informing his associates and superiors, the inability to present evidence to the Jury by the prosecutor and the violation ...