The Brady and Giglio cases establish two different, but related, rights for criminal defendants. Under Brady v. Maryland, the prosecution is obligated to turn over to the defendant any exculpatory evidence — that is, evidence that tends to assist the defense. Generally, that requires the disclosure of virtually anything in the prosecution’s possession that relates to the case. Meanwhile, the rule announced in Giglio v. United States requires law enforcement agencies to deliver to defense counsel “material” evidence of a law enforcement’s dishonesty. The application of this rule can be fraught, as the parties involved may disagree on what counts as “material” evidence of dishonesty. … Of the seven most populous counties in the state (Sedgwick, Wyandotte, Johnson, Shawnee, Douglas, Riley and Leavenworth), only four have both Brady and Giglio policies in writing. Riley and Johnson lack written Brady policies, and Wyandotte County has neither a Brady nor Giglio policy in writing.
Source: Kansas Reflector
