Exam: Brady / Giglio Lists & Discipline

Brady v. Maryland requires the government to give defense attorneys material exculpatory evidence.

There is no requirement for government to provide exculpatory evidence if the defense does not ask for it.

Evidence that might hurt the credibility of a government witness is Brady material that must be disclosed.

A prosecutor who intentionally violates Brady disclosure obligations could be disciplined by the bar.

There is only a Brady violation if the prosecutor acts with malicious intent.

A person put on a “Brady List” can get off the list 6 months later if they have not had additional discipline.

If a prosecutor discloses an officer discipline record is automatically admissible at trial when that office testifies.

Brady disclosure obligations for things like criminal records exist only for peace officers.

Police have no obligation for disclosure of exculpatory material since Brady only applied to prosecutors.

State privacy statutes like juvenile record laws can legally prevent Brady disclosures from taking place.