Page 122 - North Carolina 2020 Legal Guide
P. 122

Task: Exculpatory Evidence






          Giglio v. United States, 405 U.S. 150 (1972).

          •When evidence, bearing on the credibility of a witness, is withheld from

          the defendant, irrespective of the good or bad faith of the prosecution,

          then there may be a violation of Due Process, requiring the granting of

          a new trial, if the undisclosed exculpatory evidence has “any

          reasonable likelihood of [having] affected the judgment of the jury.


          •It is this case that requires law enforcement agencies to notify

          prosecutors of any dishonesty in an officer’s background before the

          officer testifies in a criminal case.

          •NOTE: The requirement for law enforcement is to turn the

          information/evidence over to the prosecutor.











                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                   121
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