Sheriff's Association wanting to be more transparent on GIGLIO orders

GIGLIO ORDERS

You ask…. What is that?


It prevents an officer from testifying in court… so in turn it results in them not being able to make an arrest that could result in him/her testifying in court. But often times, they still hold a job, make arrests and testify because there is no system in place to prevent this from happening.


Giglio refers to material tending to impeach the character or testimony of the prosecution witness in a criminal trial.


The Sheriff’s Association is looking to change that.


I try to keep up to date on all sides of the law, good or bad.


Don’t get me wrong… I am 100% pro law enforcement, I support the men and women that protect us.


However, I think it is fair to say that there is sometimes that one that makes them all look bad.


There are some innocent people that do get charged and convicted of a crime they did not commit. It happens, it is sad, but it does happen.


I am glad to see that things are going in the right direction to hold North Carolina law enforcement to a higher standard and to be transparent.


The report released by the NC Sheriff’s Association covers a lot of good things that will be changing.


Check out the full report here - https://nccriminallaw.sog.unc.edu/sheriffs-association-releases-report-recommending-giglio-related-reforms-among-others/


WHAT IS A GIGLIO ORDER


Giglio refers to material tending to impeach the character or testimony of the prosecution witness in a criminal trial.


It prevents an officer from testifying in court… so in turn it results in them not being able to make an arrest that could result in him/her testifying in court.


It would be the state’s burden to have to disclose his violations every time he testified, but what if the prosecution didn’t. The Defending attorney would not know that the prosecuting witness is not credible and has been given a Giglio order in the past.

At this time there is no way for a defending attorney to know that an officer has been issued a Giglio order in the past. This will help by making it part of their file and when a defending attorney requests their file in discovery it will show there is a Giglio in place.


The Sheriff’s Association is wanting to take it a step further and have a hearing and even possibly revoking his/her certification.


The Sheriff’s Association is recommending the below: