Draft — awaiting subject-matter-expert sign-off.
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Number
POL-135
Version
1.0
Last reviewed
2026-05-01
Next review
2027-05-01
Summary
This policy establishes how [AGENCY NAME] identifies and discloses information that may be material to the defense in a criminal proceeding under Brady v. Maryland and Giglio v. United States — including material that bears on the credibility of testifying officers.
Definitions
- Brady Material
- Evidence in the possession of the prosecution team that is favorable to the accused and material to either guilt or punishment (Brady v. Maryland, 373 U.S. 83 (1963)).
- Giglio Material
- Information that could be used to impeach a testifying witness, particularly a law-enforcement witness — including credibility-affecting prior conduct (Giglio v. United States, 405 U.S. 150 (1972)).
- Brady List / Potential Impeachment Disclosure
- Internal record maintained by the prosecution and/or agency identifying officers with sustained credibility concerns whose appearance as a witness triggers disclosure to defense.
Purpose
To ensure [AGENCY NAME] meets its constitutional obligation to disclose favorable evidence to the defense in criminal cases — protecting due process, the integrity of convictions, and public trust.
Scope
Applies to all sworn and non-sworn members whose work product or personnel history may be material to a criminal case.
Categories of Brady / Giglio Material
Case-Specific Brady
- Witness statements inconsistent with prosecution theory.
- Identification of alternative suspects.
- Forensic findings inconsistent with charging.
- Information bearing on the credibility of non-officer witnesses (prior inconsistent statements, motives to falsify, payments to informants).
- Promises, inducements, or benefits provided to cooperating witnesses.
Officer-Specific Giglio
- Sustained findings of dishonesty, untruthfulness, or false statements.
- Sustained findings of bias affecting the case category.
- Criminal convictions or pending criminal charges (against the officer).
- Sustained findings of evidence mishandling.
- Specific sustained civil rights findings.
- Other adjudicated misconduct that bears on credibility.
Officer Duty
- Officers report potentially impeaching information about their own conduct to a supervisor immediately upon awareness.
- Officers preserve all case-related evidence, including witness statements, alternate-suspect leads, and exculpatory facts.
- Officers do not unilaterally decide what is or is not 'material'; the duty is to disclose to the prosecutor through the chain.
- Officers report conduct of other members that may trigger disclosure obligations.
Investigative Process
- Sustained findings of dishonesty, false statements, or conduct described in Officer-Specific Giglio are referred to the agency Brady / Giglio review committee or designated coordinator.
- Coordinator notifies the elected prosecutor's office consistent with the cooperative protocol between agencies.
- Affected officer is notified and provided opportunity to respond per due-process requirements.
- Coordinator maintains an internal log of disclosed information consistent with personnel privacy rules.
Notification to Prosecutor
- The agency maintains a current designation of the officer or unit responsible for prosecutor liaison on Brady / Giglio matters.
- When a member with disclosable information is identified as a witness in a pending case, the prosecutor is notified prior to trial in time to make disclosure to defense.
- Disclosures are tracked in a manner that ensures consistency across cases — the same disclosable information is not selectively disclosed.
Removal or Restriction
Where sustained findings render an officer's testimony of limited value, the agency may, consistent with collective bargaining and personnel law, restrict the officer from assignments requiring testimonial credibility. Removal from such assignment is not by itself discipline.
Record Retention
- Brady / Giglio records are retained for the period required by state law, agency policy, or longer.
- Records are stored securely with restricted access.
- Internal logs of disclosure events are preserved.
Affected Officer Rights
- Notice and an opportunity to respond before sustained inclusion on a Brady / Giglio designation.
- Access to the underlying findings.
- Process for appeal consistent with the agency's discipline and personnel rules.
- Removal from a designation upon successful demonstration of materially changed circumstances or appellate reversal.
Training
- Initial Brady / Giglio training at academy and onboarding.
- Annual refresher with case-specific scenarios.
- Joint training with the prosecutor's office.
- Supervisor training in identifying and reporting potential Brady / Giglio information.
Coordination
- The agency maintains a written memorandum of understanding with the elected prosecutor on Brady / Giglio coordination.
- Annual joint review of the process.
- Documented procedures for new prosecutors.
References
- Brady v. Maryland373 U.S. 83 (1963)
- Giglio v. United States405 U.S. 150 (1972)
- Kyles v. Whitley514 U.S. 419 (1995)
- IACP Model Policy on Brady Obligationsiacp.org
- DOJ Justice Manual on Bradyjustice.gov/jm/jm-9-5000
- State Statute / Court Rule on Discovery[INSERT STATE]
Adapt this template
Before this template becomes your department's policy, review the following items and adjust accordingly. Anything else that does not match your operation should be updated as well.
- DRAFT — Requires legal review and SME sign-off before publication or adoption.
- Coordinate with the local elected prosecutor on disclosure procedures and the format of the agency Brady list.
- Reconcile process with collective bargaining and state personnel law.
- Cross-reference Internal Affairs / Professional Standards, Discipline, and Custodial Interrogation policies.
Adoption signature
Before adoption checklist
- ☐Replace [DEPARTMENT NAME] throughout the document.
- ☐Complete every [BRACKETED] placeholder.
- ☐Confirm the current edition of every cited standard.
- ☐Check against your state statutes and state fire marshal rules.
- ☐Route for chief review. Topics with significant exposure (use of force, medical scope) also go through qualified counsel.
- ☐Confirm alignment with any mutual-aid agreements.
- ☐Schedule a training plan for the new policy before effective date.
- ☐Announce adoption in writing to all members. Archive the prior version.
- ☐Set the next review date — annually at minimum.