The Portland Police Bureau is revising Directive 0320.00, which dictates how they report relevant information in criminal cases. The changes may affect defendants' access to exculpatory evidence, crucial for fair trials. The directive aligns with U.S. Supreme Court precedent requiring the sharing of evidence that could clear defendants of guilt. Recent legal battles highlighted potential deficiencies in this process, prompting court rulings requiring proactive evidence disclosure by prosecutors, specifically their duty to seek pertinent evidence that may impact defendants' rights.
"The prosecutor can't just close their eyes, plug their ears, lock up their filing cabinet, and say, 'We don't want to know about it, so we don't have to go find out about it.'"
"The ruling ensures that if a police officer has a documented history of falsifying evidence, a defense attorney for a person the officer arrested would have a right to that information."
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