Brady and Giglio influence on evidence disclosure?

Brady and Giglio influence on evidence disclosure?

• A. They require LEOs and prosecutors to turn over all evidence, good or bad
• B. They require only exculpatory evidence
• C. They allow suppression of relevant evidence
• D. They apply only to civil cases

Answer: (A)

Brady and Giglio establish a disclosure duty for prosecutors and those who gather evidence: they must turn over information that is favorable to the defense, not just what helps the prosecution. Brady requires the disclosure of exculpatory evidence—facts that could exonerate the defendant or cast doubt on guilt. Giglio extends this to impeachment information about witnesses—details that could affect a witness’s credibility, such as prior statements or deals that might bias testimony. Together, these rules mean the prosecution and investigating authorities must reveal material information that could influence the outcome of the case, even if the government believes it hurts their position. Suppressing such material can violate due process and lead to remedies like new trials. Civil cases aren’t covered by these criminal-law duties.

Brady and Giglio establish a disclosure duty for prosecutors and those who gather evidence: they must turn over information that is favorable to the defense, not just what helps the prosecution. Brady requires the disclosure of exculpatory evidence—facts that could exonerate the defendant or cast doubt on guilt. Giglio extends this to impeachment information about witnesses—details that could affect a witness’s credibility, such as prior statements or deals that might bias testimony. Together, these rules mean the prosecution and investigating authorities must reveal material information that could influence the outcome of the case, even if the government believes it hurts their position. Suppressing such material can violate due process and lead to remedies like new trials. Civil cases aren’t covered by these criminal-law duties.