New Legislation Introduced to Hold Prosecutors Accountable for Withholding Exculpatory Evidence

State Senators Bob Singer and Joe Cryan have introduced groundbreaking legislation that would eliminate legal immunity for prosecutors at the state, county, and municipal levels who fail to disclose exculpatory evidence in criminal cases The bill specifically targets violations of the Brady-Giglio guidelines, which require the disclosure of evidence favorable to the defense in criminal trials.

Under current New Jersey law, prosecutors are granted qualified immunity under the Tort Claims Act (TCA) and absolute immunity under the Civil Rights Act (CRA) for actions taken in their official capacity. This immunity protects them from lawsuits, even when they withhold exculpatory or impeachment evidence. However, the newly introduced legislation aims to strip prosecutors of these protections when they fail to meet their legal obligations to disclose such evidence.

“Transparency and accountability are the cornerstones of our justice system,” said Senator Joe Cryan. “This bill ensures that no prosecutor can escape liability for misconduct that could lead to wrongful convictions.”

The bill defines Brady-Giglio guidelines as the directives and procedures set forth by the New Jersey Attorney General, based on the United States Supreme Court rulings in Brady v. Maryland and Giglio v. United States. These rulings mandate that prosecutors disclose any evidence that may be favorable to the defense.

One of the key provisions of the bill is that courts must notify the Office of Attorney Ethics (OAE) within 24 hours if they find, by a preponderance of the evidence, that a prosecutor has violated the Brady-Giglio guidelines. This step is intended to ensure that misconduct is addressed swiftly, holding prosecutors accountable for their actions.

“Prosecutors hold immense power in our justice system, and with that power comes responsibility,” said Senator Bob Singer. “This legislation ensures that if they abuse that power, they will be held accountable, and justice will be served.”

The bill also outlines that any public employee or prosecutor found guilty of such violations will be subject to civil penalties, damages, and attorney’s fees. In addition, the state, county, or municipality involved would also be held liable for any violations committed by their prosecutors.

If passed, the bill would mark a significant shift in New Jersey’s criminal justice system, ensuring that prosecutors are no longer shielded from accountability when they fail to uphold the principles of justice. The bill is expected to face considerable debate, but its proponents argue that it is a necessary step toward restoring balance in the legal system and protecting defendants’ rights.

“This is about fairness,” Senator Cryan concluded. “No one should be wrongfully convicted because a prosecutor withheld evidence. It’s time we put the scales of justice back in balance.”

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2 COMMENTS

  1. Seems like a well-written bill. I do believe that prosecutors need some level of immunity, but we also need a check against abuse.
    However, I don’t have high hopes of the bill passing.

  2. What about Judges? The Judges have total immunity. Aside from that, the judge is the one who decides if they must recuse themselves from a case. There is no checks and balances and no accountability!

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