Breaking: Prosecutors may be given the names of law enforcement officers who have committed misconduct, the California Supreme Court ruled in a closely watched case that will affect police agencies throughout the state.
The California Supreme Court decided unanimously Monday that the Los Angeles County Sheriff’s Department and other law enforcement agencies may disclose to prosecutors a deputy’s history of misconduct when that deputy plans to testify in a criminal case.
By law, prosecutors are required to disclose to defendants exculpatory evidence, including information that could diminish the credibility of police officers who worked on a case. The case pits the privacy rights of law enforcement officers against the constitutional duty of prosecutors to give the defense evidence that might cast doubt on a defendant’s guilt, reduce a potential sentence or diminish the credibility of prosecution witnesses.
Under the system in place for decades, defense attorneys and prosecutors may ask a trial judge to review an officer’s personnel file to determine whether there is evidence that must be disclosed. But without knowing an officer’s history, a defense lawyer may not be able to persuade the judge to undertake a review
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