The Police Must Reveal Information That Could Help Your Defense

The Bill of Rights guarantees your right to a fair trial, and Supreme Court decisions over the years have interpreted what that means.  A famous example is Miranda v. Arizona, in which the court ruled that police officers making an arrest must notify the defendant of his or her Constitutional rights, including the right to avoid self-incrimination and the right to representation by an attorney.  The Supreme Court has also interpreted the right to a fair trial to mean that the prosecution must release all potentially exculpatory evidence of which it has knowledge to the defendant during the pre-trial discovery phase.  The Brady v. Maryland decision of 1963 sets guidelines for what kinds of information, which could help your defense, prosecutors must reveal to you as you prepare for your trial.  To find out more about Brady disclosures and how they can help you get acquitted, contact a Pittsburgh criminal defense lawyer.

Brady Is About More Than Just Police Corruption

When the news media mention Brady, it is usually in the context of Brady lists, which are records kept by police departments about incidents of misconduct by officers employed by them.  Police misconduct is only one of the pieces of information that the state must reveal to you as a Brady disclosure if it is relevant to your case.  The following are examples of Brady disclosures:

• Police records related to your case, as these may contain evidence that supports your claim of innocence, even if prosecutors do not know about this information
• Whether a prosecution witness received a plea deal or immunity for prosecution in exchange for testifying at your trial or grand jury indictment
• Arrest photographs of you, so that you may compare these to descriptions of you by prosecution witnesses who claim to have seen you close to the time of your arrest
• Records of any lies or other misconduct by a police officer who has worked on your case

In the News

In November 2021, the Commonwealth Court of Pennsylvania ordered the Philadelphia Police Department to provide information about misconduct by Philadelphia police officers to the District Attorney’s Office.  The court cited Brady v. Maryland, as well as the 1972 decision Giglio v. United States.  Between 2018 and 2021, the District Attorney’s Office overturned 23 wrongful convictions.  In every case, the wrongful conviction resulted from police misconduct.  The most common types of misconduct were withholding evidence that could help the defense, coercing confessions in violation of defendants’ Fifth Amendment rights, and police officers lying on the witness stand and in sworn affidavits.  District Attorney Larry Krasner made a statement in response to the court’s decision, emphasizing that Brady disclosures are an essential part of due process.

Contact Gary E. Gerson About Criminal Defense Cases

A criminal defense lawyer can help you find all relevant evidence that could help you prove your innocence or cast doubt on the prosecution’s claims.  Contact the law offices of Gary E. Gerson in Pittsburgh, Pennsylvania about your case.

Sources:

phillytrib.com/news/local_news/pennsylvania-court-forces-philadelphia-police-department-to-provide-misconduct-information/article_884858e5-c202-5e50-92ba-fa09d260c484.html