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What Is a Disclosure in Court

Foreword: The following policy is defined for: the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshals Service, the Office of the Inspector General of the Department of Justice, and the Office of Professional Responsibility of the Department of Justice (“Investigating Authorities”). It orders their disclosure of potential impeachment information to the offices of the U.S. Attorney`s Office and the Department of Justice that have the authority to prosecute criminal cases (“Justice Department prosecutors”). The objectives of this policy are to ensure that prosecutors receive sufficient information to comply with their obligations under Giglio v. United States, 405 U.S. 150 (1972) and to ensure that judicial proceedings are fair while protecting the legitimate privacy rights of government employees. NOTE: This policy is not intended to create or confer any rights, privileges or benefits on potential or actual witnesses or defendants. Nor is it intended to have the force of law. United States v. Caceres, 440 U.S. 741 (1979).

(c) Possible information on impeachment. Agency witnesses and Agency officials should provide the Prosecutor with full information on potential information on the impeachment proceedings so that the Prosecutor can assess that information in the light of, inter alia, the role of the Agency`s witness, the facts of the case and the known or expected defence. Potential information about impeachment is set out in the Federal Rules of Evidence, case law, unpublished court decisions, and Department of Justice guidelines and guidelines. Unless an official or prosecutor asks Giglio that case law or district court decisions require broader disclosures, possible impeachment information regarding agency employees may include, but is not limited to, the categories listed below: the order in which the disclosure is made will have a lot to do with the complexity of the case. as well as its size. What needs to be disclosed is determined by the issues raised in the case. When a disclosure order is issued, it can only cover documents over which the party has control. This includes items that are in the physical position of a party or that the party is allowed to possess. While it may contain documents that an employee or representative of the company may possess, it does not always extend to subsidiaries, former employees or professional representatives. However, disclosure may also be made by inspecting the documents to be disclosed if: Communications relating to a substantive case: “Substantive” communications relating to a case may contain findable information. Communications containing detectable information should be kept in the case file or otherwise retained that links them to the case or investigation.

“Substantial” communication related to the case is most likely to take place, (1) between prosecutors and/or agents, (2) between prosecutors and/or agents and witnesses and/or victims, and (3) between victim-witness coordinators and witnesses and/or victims. These messages can be saved in emails, memos, or notes. “Substantial” disclosures include factual reports of investigative activities, factual discussions of the relative merits of the evidence, factual information obtained during questioning or interaction with witnesses or victims, and factual issues related to credibility. Communications that no longer contain trap footprints or investigative or prosecutorial strategies would not normally be considered findable, but substantive case-related communications should be carefully considered to determine whether a disclosure (or the information it contains) should be disclosed in whole or in part. Prosecutors should also remember that with a few exceptions (see e.B. Fed.R.Crim.P. 16(a)(I)(B)(ii)), the format of the information does not determine whether it can be found. For example, important exculpatory information that the prosecutor receives during a conversation with an officer or witness is no less easy to find than if the same information were included in an email. If the detectable information contained in an email or other communication is fully stored elsewhere, such as in an interview.B report or other documents, the disclosure of the interview report or other documents generally satisfies the obligation to disclose.