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:


Disclosure of Giglio information. The report recommends that legislation be enacted to require an officer or an officer’s agency to disclose to the certifying commission officer misconduct identified in a Brady/Giglio letter. It also recommends that certifying commissions be required to adopt a process for an administrative hearing to determine whether the officer engaged in the reported misconduct. Finally, it contemplates that if an officer is found to have engaged in misconduct, his or her certification would be permanently revoked. Interpreted literally, this final recommendation could result in draconian consequences for behavior that might not even warrant dismissal from employment.



THE DEPARTMENT OF JUSTICE has a Giglio System in place for Federal agencies… but again, it is just released to the prosecuting attorneys.


You can read this info in the below attachment

giglio_pia_final_3-2-15
.pdf
Download PDF • 484KB

DOJ investigative agencies also maintain their own Giglio systems. The DOJ investigative agencies that have the authority to maintain their own Giglio information include the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Office of the Inspector General, and Office of Professional Responsibility. In addition, other federal agencies having law enforcement agents may be deemed an investigative agency for purposes of Giglio requirements (e.g., the Department of Treasury, Internal Revenue Service, agents may be a necessary witness or affiant in a DOJ criminal prosecution in a tax case). 3 These investigative agencies disclose to the prosecuting offices potential impeachment information of witnesses or affiants.


The purpose of each prosecuting office’s Giglio information system is not to duplicate what is kept in agency files, but rather to permit prosecuting offices to maintain a more organized, logical, and comprehensive filing system, searchable by the witness’s or affiant’s name, that allows prosecutors to more efficiently and effectively access and analyze relevant impeachment information about specific witnesses or affiants in order to make consistent decisions about the appropriate handling of the same potential impeachment information in different cases over time.


Access to Giglio systems is limited to prosecutors who have a case-related or need to know basis. The Giglio Requesting Official within each prosecuting office will make a request to the appropriate official within an investigative agency for information. 5 The Giglio Requesting Official will then search the files obtained from the investigative agency to determine if it contains any impeachable information. In the absence of this system, the impeachment information, and the analysis of it, would remain in the individual criminal case file in which the witness or affiant previously testified, or a general subject matter file that was not indexed by the witness’s name. The former practice made it difficult, if not impossible, to routinely retrieve this information for analysis and review when the same witness or affiant subsequently testified in a different case




153 views0 comments