top of page
Writer's pictureGianna Scatchell

What Happens if I am a Police Officer and I'm put on a Brady List?




Understanding the Illinois Brady/Giglio List: Implications for Employees


Welcome to our focused page on the Illinois Brady/Giglio List, a crucial resource in the realm of employment law, particularly for those involved in law enforcement and related fields. This page aims to shed light on the significance of the list, its impact on employees, and how our firm can assist individuals affected by it.


Introduction to the Brady/Giglio List


The Brady/Giglio List, deriving its name from two landmark Supreme Court cases, Brady v. Maryland and Giglio v. United States, is a compilation maintained by prosecutorial entities. It identifies law enforcement officers and other individuals whose credibility has been called into question due to past actions, such as instances of dishonesty, misconduct, or other behaviors that could undermine their reliability as witnesses in legal proceedings.


Key Aspects of the Brady/Giglio List


  • Purpose: The primary purpose of the list is to ensure integrity and fairness in the legal process by disclosing to defense attorneys information that may affect a witness's credibility.

  • Consequences for Employees: Inclusion on the Brady/Giglio List can have significant professional repercussions, including challenges in maintaining employment in law enforcement, difficulties in securing future employment in related fields, and potential impacts on reputation and personal life.

  • Rights and Remedies: Employees listed may have avenues for challenging their inclusion, seeking removal, or mitigating the professional consequences through legal channels.


How the Brady/Giglio List Affects You

For employees in law enforcement and related sectors, the Brady/Giglio List can be a significant concern. It not only affects your current employment and professional relationships but also your future career prospects in the field. Understanding your rights and the legal remedies available is crucial in addressing the implications of being listed.


What is a Brady-able Offense

Brady List type offenses generally refer to acts of misconduct by law enforcement officers that could affect their credibility and integrity, especially in the context of their duties and testimonies in legal proceedings. The concept originates from the landmark Supreme Court case Brady v. Maryland (1963), which requires the prosecution to disclose to the defense any exculpatory evidence that might be favorable to the defendant, including evidence that could impeach the credibility of government witnesses, such as law enforcement officers.

While there isn't a universal list of specific offenses that would automatically place an officer on a "Brady List," common categories of conduct that might warrant such inclusion are:

  1. Dishonesty: This can include lying in official reports, during investigations, in court testimonies, or about matters related to their duties.

  2. Evidence Tampering: Altering, destroying, or fabricating evidence in any way that could affect the outcome of investigations or prosecutions.

  3. Excessive Use of Force: Actions that go beyond the reasonable use of force necessary to perform their duties, especially those that result in unnecessary harm or rights violations.

  4. Racial Bias or Discriminatory Conduct: Demonstrating bias or engaging in discriminatory practices based on race, ethnicity, gender, sexual orientation, or other protected characteristics.

  5. Sexual Misconduct: Involvement in sexual harassment, assault, or any form of inappropriate sexual conduct, especially in the course of their duties.

  6. Corruption and Bribery: Participating in corrupt activities, accepting bribes, or engaging in other forms of unethical behavior for personal gain or to influence the course of justice.

  7. Theft or Fraud: Engaging in theft, fraud, or other criminal activities related to their position or duties.

  8. Substance Abuse: Misuse of drugs or alcohol, especially if it impacts their duties or leads to criminal behavior.

  9. Violation of Rights: Actions that infringe upon the civil rights of individuals, such as unlawful searches and seizures, false arrests, or other abuses of power.


How Our Firm Can Assist

Our law firm offers a range of services tailored to support employees facing challenges related to the Brady/Giglio List:


  • Evaluation and Advice: We provide a thorough assessment of your case, offering expert advice on potential legal strategies and the feasibility of challenging your inclusion on the list.

  • Representation: Our experienced attorneys can represent you in legal proceedings, advocating for your interests, seeking removal from the list, or addressing related employment disputes.

  • Negotiation: We can engage in negotiations on your behalf with relevant authorities or employers to seek favorable resolutions, including possible removal from the list or mitigation of employment consequences.

  • Guidance on Future Employment: We offer counsel on navigating future employment opportunities, including strategies for disclosure and overcoming the stigma associated with the list.


Contact Us

If you're facing challenges related to the Brady/Giglio List, it's essential to take prompt and informed action. Our team is here to support you through every step, ensuring that your rights are protected and that you're positioned for the best possible outcome.

Note: The information provided on this page is for educational purposes only and does not constitute legal advice. Individual circumstances vary, and legal outcomes depend on specific factual and legal circumstances.

For more information or to discuss your specific situation, please contact us at (312) 248-3303

9 views0 comments

Comments


bottom of page