Exculpatory Evidence- Wrongful Conviction Liability
Over the last two decades, law enforcement has become increasingly aware of how a failure to produce exculpatory evidence to a defendant facing trial may impact a conviction of the defendant. Through a number of cases, law enforcement is well aware that the failure to notify the prosecutor that exculpatory evidence exists may not only impact the conviction of the defendant but may also lead to civil liability for the investigators and the agency.
This session focuses on the foundation cases that created a prosecutorial duty to turn over exculpatory evidence to the defendant or face consequences including the dismissal of criminal charges. Over the last two decades, law enforcement has been held liable for this Constitutional obligation of prosecutors when a failure of law enforcement to turn over exculpatory evidence has led to a wrongful conviction.
In the 2016-2017 term, the United States Supreme Court provided further detail to the requirements of Brady in Turner v. United States. Turner and the details of the materiality requirement will be discussed.
The main objective of this session is to discuss the liability of municipal law enforcement officers and municipalities when there is a Brady violation as well as the obligation of municipalities to make the prosecutor aware of officers who have a personnel history that may impact their credibility as a witness. Strategies for avoiding these liabilities will also be offered for consideration
Speaker: Jack Ryan