Interesting article on “Brady Lists” by Rachel Moran

INTRODUCTION

Brady lists, named after the Supreme Court decision Brady v. Maryland, are lists some prosecutors maintain of law enforcement officers with histories of misconduct that could impact the officers’ credibility in criminal cases. Brady and its progeny require prosecutors to disclose exculpatory evidence within the government’s possession or control to defendants in criminal cases. This includes evidence that could impeach a witness’s credibility. Evidence that a police officer involved in a criminal case has, for example, previously written a false police report, lied in court, or used racial slurs during an arrest may be exculpatory because it casts doubt on the officer’s truthfulness, credibility, and impartiality. Brady lists originated from this disclosure obligation: the lists ostensibly allow prosecutors to keep track of, and disclose to defense counsel when necessary, information that negatively impacts officers’ credibility.

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