Duty to Disclose Exculpatory Evidence

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Duty to Disclose Exculpatory Evidence

Policy Center Resource

The Brady v. Maryland decision and subsequent rulings have made it a duty of all law enforcement agencies to (1) identify and provide to the prosecution any exculpatory material that would have a reasonable probability of altering the results in a trial, or any material that could reasonably mitigate the sentencing of a defendant and (2) any material relevant to the credibility of government witnesses, including but not limited to police officers.

These documents provide information to guide law enforcement agencies in properly fulfilling the reporting and testimonial requirements mandated under U.S. Supreme Court decisions including Brady v. Maryland 373 U.S. 83 (1963) and Giglio v. U.S. 405 U.S. 150 (1972).

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