Federal Prosecutor Integrity Act
The Center for Prosecutor Integrity is proposing legislation designed to assure that federal prosecutors properly disclose evidence to defense counsel. The bill is titled the Federal Prosecutor Integrity Act, which can be viewed HERE. These are the key provisions:
- Prosecutors must allow defense attorneys to have access to all “documents, scientific tests, and witness statements.”
- These materials must be provided at the time of arraignment, with additional materials provided as the case progresses.
- Prosecutors may obtain a Protective Order to withhold any information that would place a witness in danger.
- If a prosecutor fails to meet this obligation, the court can impose a number of remedies such as ordering a new trial, entering a ‘not guilty’ verdict, or imposing monetary sanctions.
- The defendant make initiate civil action against a prosecutor who fails to disclose exculpatory evidence.
While the bill’s language is specific to federal prosecutors, the bill can also be adapted for implementation at the state level.
The Federal Prosecutor Integrity Act has been endorsed by the following organizations:
- It Could Happen To You – New York
- Arizona Criminal Justice Reform Coalition
- Beyond the Registry – Indiana
- Citizens for Criminal Justice – Delaware
- National Coalition to Protect Civil Freedoms – New York
- GET BIT Investigations – California
- Human Rights Defense Center – Florida
- Arizona CURE