PIERRE, S.D. – South Dakota Attorney General Marty Jackley has created a commission to help South Dakota law enforcement agencies make uniform the requirements from a United States Supreme Court case regarding what evidence must be disclosed in a criminal case.
The Supreme Court ruling in the case of Giglio v. United States opined that prosecutors must disclose to the defense evidence that could undermine the credibility of government witnesses, including law enforcement officers. This disclosure is a Constitutional requirement necessary to ensure a fair trial for the defendant, as a new trial can be granted if the evidence was withheld.
Attorney General Jackley said the Commission will review the Giglio decisions and make recommendations on how South Dakota law enforcement agencies can comply with the intent and spirit of the decisions. He said the Commission’s recommendations will be made available to all state and local law enforcement agencies and prosecutors so that they may be adopted at the discretion of each agency.
“Giglio compliance isn’t just a legal requirement, it’s the foundation of the State’s credibility in the courtroom,” said Attorney General Jackley. “South Dakota law enforcement officers have earned the public’s trust, and transparency through this Commission’s efforts only builds upon this trust. I want this Commission to review what South Dakota agencies are doing now and recommend a consistent standard in order to protect the integrity of the criminal justice system.”
