The Center for Prosecutor Integrity (CPI), a non-profit organization which seeks “to preserve the presumption of innocence, assure equal treatment under the law, and end wrongful convictions” today released a proposed bill that would require federal prosecutors to implement an open-file policy. The bill addresses a weakness in the implementation of the Brady requirement to disclose all exculpatory evidence to the defense: Prosecutors currently determine what evidence is “material” (would likely impact the outcome of the case) and therefore subject to disclosure.
CPI’s Registry of Prosecutorial Misconduct has revealed that Brady violations —prosecutorial failure of the constitutional requirement to disclose exculpatory evidence relevant to the guilt or innocence and to the punishment of the defendant — as the leading type of misconduct by federal prosecutors.
The Federal Prosecutor Integrity Act would mandate that federal prosecutors, beginning at the time of arraignment, disclose all documents, scientific tests, witness statements, and other relevant evidence to the defense. Any additional information and evidence would need to be disclosed as the case progresses. Continue reading
The Center for Prosecutor Integrity (CPI) announced today the expansion of its efforts to identify and analyze prosecutorial misconduct to include state and local cases. The Registry initially focused on misconduct by federal prosecutors. CPI is now inviting submissions of state-level cases for inclusion in its Registry of Prosecutorial Misconduct, which was established in January 2014.
An online database, national in scope, the Registry identifies leading types of prosecutor misconduct, and enables analysis of trends and comparisons across jurisdictions through searchable sort, filter, and search functions.
Cases can also be downloaded into a spreadsheet to facilitate in-depth analyses: http://www.prosecutorintegrity.org/registry/database/
Cases qualify for inclusion in the Registry based on a determination by a bar disciplinary committee, or by a trial, appellate, or supreme court judge. CPI estimates there have been 16,000 determinations of prosecutorial misconduct nationwide since 1970.
Cases should be submitted by email to Sakeena Farhath, Registry Director: firstname.lastname@example.org
For more information, visit the Center for Prosecutor Integrity: http://www.prosecutorintegrity.org