Special Directives Flashcards
What is Brady?
Evidence favorable to a defendant which is 1) either exculpatory or impeachment and 2) is material to either guilt or punishment.
What is favorable in a Brady context?
Evidence is favorable if it either
Helps the defendant
Hurts the prosecution
What is material in a Brady context?
It is material if there is a reasonable probability that had the evidence been disclosed to the defense the result would have been different.
What is considered exculpatory evidence in a Brady context?
Exculpatory evidence is evidence favorable to the defendant and material to the issue of guilt or punishment.
What is impeachment evidence in the context of Brady?
Evidence to prove or disprove the truthfullness of a witnesses testimony</p>
What is not considered Brady?
Allegations that cannot be substantiated, are not credible, or determined to be unfounded will not be included in the Brady Alert System.
No duty to disclose preliminary, challenged, or speculative information. Pending criminal investigations are not in Brady.
Who can a DDA contact if they have a question on whether something is Brady?
The Brady Compliance Unit
What are the procedures for notifying the Brady Compliance Unit?
If DDA becomes aware of potential Brady information, the DDA shall inform his HD/DIC.
If HD/DIC concur with DDA, a memo shall be written summarizing why HD/DIC and DDA believe it is Brady.
If it is believed that there is a crime, it shall be forwarded to JSID
Shall also be forward to Brady Compliance Unit
JSID shall either 1) conduct own investigation 2) or refer to agency for investigation
What is procedure if it is not believed to be a crime?
If DDA becomes aware of potential Brady information, the DDA shall inform his HD/DIC.
If HD/DIC concur with DDA, a memo shall be written summarizing why HD/DIC and DDA believe it is Brady.
Memo is then sent to Brady Compliance Unit
Brady Unit send to employee’s agency
What is the Brady Alert System and when shall it be used?
It is a database includes known Brady material since 1997.
It is not a secondary personnel file on government agents. It shall be accessed by trial DDA 30 days prior to trial.
What is the standard of proof to enter something into the Brady Alert System?
Clear and Convincing Evidence
Brady information during a pending investigation
If during an investigation the BCU determines that there is sufficient credible information that the potential Brady information is credible and reliable and it is necessary to bring to the attention of the court, it shall:
Advise HD/DIC to notify employee that DDA will request ex parte, in camera hearing to present all relevant evidence to the court
If court rules its Brady, DDA shall request protective order and then disclose evidence to defense
DDA shall send memo through HD/DIC explaining court's reasoning
If Brady is discovered shortly before or during trial, and there is insufficient time for an investigation, then
DDA shall consult with supervisor and Brady Compliance Unit
If BCU states there is reliable/credible material, HD/DIC shall notify employee that DDA will request expart. in camera hearing and ask court to make decision if Brady
If court determines its Brady, request protective order and disclose to defense
Trial DDA shall prepare memo explaining court’s reasoning
If court issues a protective order in either the pending investigation situtation or insufficient time situation, then
Then material will not be included in Brady alert System
If the court does not issue the protective order in either situation, then
Brady Compliance Unit will wait for a full investigation before making a decision to include the information in the Brady Alert System
