New Standard and Glossary Term: Exculpatory Evidence

The CALEA Standards Review and Interpretation Committee, referred to as the “SRIC” meets in Executive Session just prior to each CALEA conference to work on standards for revision or creation of new ones.  At the CALEA conference, the entire Commission votes to either approve a standard or direct staff to post the standard for client comments.  Deleted language is shown in strikethrough and highlights.  The proposed new language is shown in red font and bold.

Please review the standard and complete the web form by Friday, September 23th, 2022.

X.X.X (XXXXX) (XX1) Exculpatory Evidence (Standard Number, Mandatory/Non-Mandatory, and Level of Compliance To Be Determined) 

A written directive describes procedures to ensure exculpatory evidence is provided to prosecuting authorities in current and post-conviction investigations.

Commentary:

This standard is not intended to address typical or general investigations where it is presumed all relevant information gleaned from the current investigation is provided to prosecutors.  The intent is to ensure a process by which to provide information to prosecutors should the agency become aware of previously unknown or unrecognized exculpatory evidence for which a defendant is subject to, or is experiencing, a significant and on-going deprivation of liberty.

Agencies should have procedures in place when the agency becomes aware of any potential exculpatory evidence, which suggests a suspect’s innocence. The duty of the agency to is to ensure the information and evidence is provided to the prosecuting authority when the agency becomes aware of the information

Post-conviction investigations involving claims of omitted exculpatory evidence must be thoroughly documented and include details related to when information was received, who received it, and if or when it was provided to prosecuting authorities.  Post-conviction investigations where claims of omitted exculpatory evidence are result of the initial investigation by the agency should not be conducted by investigative personnel involved in the initial investigation. 

Glossary Term

Exculpatory Evidence – Evidence that is favorable to the accused; is material to the guilt, innocence, or punishment of the accused; and/or may impact the credibility of a government witness, including a law enforcement officer or other agency employee. Impeachment material is included in the disclosure requirements for prosecutors, however not intended to be for typical investigations which may or may not be prosecuted.