Often, Public Entities preclude the public from being aware of any officer who has been placed on the Giglio-Brady List. These officers are listed directly by the District Attorney’s Office and their names are prevented from being available to the public through RTKL requests. Often organizations which have a listed officer on staff it is of great to concern the coworkers and often has an impact within leadership.
When an officer is placed on the Giglio-Brady list, it means that they have been found to have credibility issues that must be disclosed to the defense in criminal cases. The Giglio and Brady doctrines stem from two key Supreme Court cases:
- Brady v. Maryland (1963) – Requires prosecutors to disclose exculpatory evidence to the defense.
- Giglio v. United States (1972) – Extends Brady to include evidence affecting a witness’s credibility, including police officers.
Restrictions on an Officer on the Giglio-Brady List
- Impaired Ability to Testify
- Prosecutors must disclose the officer’s credibility issues in cases where they are called as a witness.
- Defense attorneys can use this information to challenge the officer’s testimony.
- Limited Law Enforcement Role
- Some departments restrict such officers from conducting investigations, making arrests, or filing reports that could be used in court.
- They may be reassigned to administrative or non-investigative duties.
- Prosecutorial Challenges
- Prosecutors may refuse to take cases that rely heavily on an officer with Giglio issues.
- Some officers become effectively “unusable” in criminal cases.
- Employment Consequences
- Departments may view placement on the list as a liability and seek to terminate the officer.
- Some officers resign or retire due to their limited effectiveness.
- Unions may fight to keep the officer employed, but their career progression is often stalled.
- Ethical and Legal Implications
- The officer’s credibility issues (e.g., dishonesty, bias, falsified reports) remain a matter of public record and can follow them throughout their career.
- If a department fails to disclose an officer’s Giglio status, it can result in overturned convictions and legal repercussions.