Uneven use of Brady lists

The Supreme Court’s 1963 Brady ruling requires prosecutors to “turn over exculpatory evidence to defense attorneys, including information that could be used to question the officers’ credibility.” According to this article, prosecutors around the country vary substantially in how they adhere to Brady. One reason is that the court’s ruling did not specify either the procedures to be followed or precisely what information might implicate an officer’s credibility. As a result, some prosecutors and police agencies, but not all, maintain lists of officers whose testimony should be avoided. Also, some include complaints of unnecessary or excessive force among the criteria affecting an officer’s credibility, while others argue that use of force and honesty are separate and independent considerations.

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