Cops’ Crooked Pasts Not Disclosed to Defense Attorneys (Gasp!) – Update for October 24, 2019

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

NEWSPAPER SHOCKED TO DISCOVER DISHONEST COPS GET PEOPLE LOCKED UP

Under Brady v. Maryland, prosecutors must tell anyone accused of a crime about all evidence that might help their defense. That includes sharing details about police officers who commit crimes, lie on the job or whose honesty has been called into doubt.

A USA TODAY investigation reported last week that widespread failure by police departments and prosecutors to track problem officers makes it impossible to disclose information to people whose freedom hinges on the integrity of law enforcement. Reporters and the Chicago-based Invisible Institute spent more than a year gathering “Brady lists” from police and prosecutors in thousands of counties to measure compliance with the ruling.

shocked191024The report found that thousands of people have faced criminal charges or gone to prison based in part on testimony from law enforcement officers deemed to have credibility problems by their bosses or by prosecutors. At least 300 prosecutors’ offices are not taking steps necessary to comply with the Supreme Court mandates. These places do not have a list tracking dishonest or otherwise untrustworthy officers. In many places that keep lists, police and prosecutors refuse to make them public, making it impossible to know whether they are following the law.

USA TODAY identified at least 1,200 officers with proven histories of lying and other serious misconduct who had not been flagged by prosecutors. Of those officers, 261 were specifically disciplined for dishonesty on the job.

USA Today, Hundreds of police officers have been labeled liars. Some still help send people to prison (Oct. 17)

– Thomas L. Root

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