Introduction
An effective police officer must be truthful. Increasingly, there is frustration informed by lack of integrity and support for the actions of discipline that are taken by the senior officers against those who breach the rules. Integrity and ethics must be at the center of an internal investigation. In case an officer is not truthful regarding their actions, positive reinforcement should be employed. Still, it must be made clear from the onset that untruthfulness is sufficient ground for termination of duty. If a law enforcement officer behaves or acts untruthfully, it damages the effectiveness of their work of policing. This paper seeks to point out the correct action to be taken against an officer who acts untruthfully in the case provided.
Legal cases
After 1963’s decision by the Supreme Court on the Brady case, prosecutors are obliged to make evidence available to the defense, even evidence that would favor the defense in the case where the evidence can determine guilt or otherwise because if they do not do so, the defendant’s right to a fair trial will have been violated (Brady v. Maryland, 1963). Cases that were decided later offered a wider reach to the Brady case and provided more guidance. One such case in mind is the Giglio v. United States (1972), which pointed out that apart from disclosing what it refers to as exculpatory evidence, implicating evidence on government witnesses should also be disclosed in the case where doubt is cast with regard to the witness’s credibility. It is, therefore clear in the Brady and Giglio cases that prosecutors are bound to provide evidence of exculpatory nature and even evidence that could be used by the attorney of the defense to implicate government witnesses.
The case between United States v. Agurs (1976) made it even harder for prosecutors after the Supreme Court determined that there was no need for defendants to make formal requests for the Brady type evidence. It, therefore means that even when there was no such request, prosecutors are obliged to disclose exculpatory evidence or any such evidence that could be useful to the defense (the United States v. Agurs, 1976). The Kyles v. Whitley (1995) expanded the obligations even further. It was determined that the prosecution was bound by legal ethics to learn of any favorable evidence in the knowledge of others acting on behalf of the government (p. 438).
The Kyles case determination entraps the prosecution team and members of law enforcement. It is the one that stipulates the duty by prosecutors have knowledge of material evidence that can be used to impeach the defendants and even that which can do the same for government agents and witnesses (Reimund, 2013). The Attorney General’s office issued a direction in the form of a policy relating to the disclosure to prosecutors of information that could be used to impeach witnesses of the law enforcement agency (1996). The policy defines impeachment to incorporate:
• Specific examples of the conduct of the witness acting with intention to cast aspersion on the credibility of such...
References
Abel, J. (2015). Brady's blind spot: impeachment evidence in police personnel files and the battle splitting the prosecution team. Stan. L. Rev., 67, 743.
Ekman, P., O'Sullivan, M., & Frank, M. G. (1999). A few can catch a liar. Psychological science, 10(3), 263-266.
Lie. (n.d.) In Merriam-Webster’s collegiate dictionary. Retrieved from https://www.merriam-webster.com/dictionary/lie on 13 December 2018
Noble, J. (2003). Police Officer Truthfulness and the Brady Decision. The Police Chief, Vol. 70, no. 10.
Policy Regarding the Disclosure to Prosecutors of Potential Impeachment Information Concerning Law Enforcement Agency Witnesses (“Giglio Policy”), Office of the Attorney General (12/9/1996).
Reimund, M.E., (2013). Are Brady Lists (aka Liar’s Lists) the Scarlet Letter for Law Enforcement Officers? A Need for Expansion and Uniformity. International Journal of Humanities and Social Science, Vol. 3: No. 17; 1-6.
Legal cases
Brady v. Maryland, 373 U.S. 83 (1963).
Officer Accountability A police officer's proven dishonesty is not a minor matter. Ignoring or covering up that dishonesty, if discovered, could be devastating to the police department's credibility. Furthermore, due to Due Process laws in the United States, his/her dishonesty could affect the outcome of past cases in which he/she testified and future cases in which he/she may testify. Finally, the prosecution is required to hand that information to defendants' attorneys.
Officer Misconduct Disclosing Officer Untruthfulness to the Defense: Is a Liar's Squad Coming to Your Town? Officer misconduct scenario Police officers must not simply be held to the same standards as members of the public. They must be held to a higher standard. This is illustrated in the following scenario: a police officers is found to have searched for pornographic materials on a work computer and when initially confronted about this violation of
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