The Cook County State’s Attorney’s Office (CCSAO) “Brady Giglio” Policy outlines the procedures that prosecutors must follow to disclose information that could question the credibility of a government witness.
The purpose of the Brady Giglio policy is to ensure both the integrity of prosecutions and protect a person’s right to due process by requiring prosecutors to disclose any evidence that could be favorable to the defense. This includes evidence that could be used to impeach the credibility of prosecution witnesses, including law enforcement officers.
The Brady Giglio Policy takes its name from two landmark U.S. Supreme Court cases - Brady v. Maryland and United States v. Giglio. The Supreme Court’s rulings in these cases established a prosecutor’s constitutional obligation to disclose impeachment information to the defense.
Under the Brady Giglio Policy, Assistant State’s Attorneys (ASAs) will engage in a thorough vetting process to determine witness credibility, whether a layperson, expert, or law enforcement. ASAs must alert their supervisor and the CCSAO’s Chief Ethics Officer if the ASA discovers evidence questioning the credibility of a government witness. If the Chief Ethics Officer decides that disclosure is needed, the CCSAO will disclose the evidence to the defense, witness, and witness’ agency as soon as practicable.
The “Do Not Call List” will serve as a publicly available database listing the names of law enforcement officers that will not be called by the CCSAO as witnesses in any proceeding due to various factors including but not limited to current and past conduct investigations, allegations of misconduct, and officers who have been stripped of their police powers.
Resources
- Read the Brady Giglio Policy
- View the Do Not Call List (Updated November 19, 2024)
- Read a FAQ on the Brady Giglio Policy