Do police and prosecutors lie to courts in order to convict the innocent?
By Steven D. Miller*
If a judge were to deny me the right to tell them that police lied about me, I would object (because it is relevant to the credibility of the witness) and then take exception to their overruling my objection and I would submit an offer of proof. (per Evidence Rules such as Federal Rules of Evidence 103(a)(2) or similar state rule of evidence). With a copy to the prosecutor.
Note that evidence rules are different in each state as are the limits of jurisdiction of the lower courts. I would use the rules that apply to the court. And I would follow the General Rules to conform the format to their rules.
And I would add any local newspaper articles about local police perjury. The documents listed are from the 1990’s I am sure you can find more recent examples.
OFFER OF PROOF
Re: Police Perjury
Judicial notice is requested per evidence rule 201(d) of facts not subject to reasonable dispute. because it can be accurately and readily determined from these sources
whose accuracy cannot reasonably be questioned:
Los Angeles Times, February 11, 1996 Law Enforcement column: “Has the Drug War Created an Officer Liars’ Club?” page M1, by Joseph D. McNamara former police chief of Kansas City and San Jose
Hearing before the Committee on the Judiciary, U.S. House of Representatives, “The Consequences of Perjury and Related Crimes” December 1, 1998, pages 84-90, Testimony of Alan M. Dershowitz
University of Colorado Law Review, Fall 1996, 67 U. Colo. L. Rev 1037, “Testilying: Police Perjury And What To Do About It”, Christopher Slobogin
Criminal Justice Ethics, John Jay College of Criminal Justice, CUNY, Winter 1999, Vol 18, No 1, ISSN 0731-129, “Taking on Testilying: The Prosecutor’s Response to In-Court Police Deception”, by Cunningham, Larry
New York Times, May 2, 1994, page A17, “Accomplices to Perjury” by Alan M. Dershowitz
[end of draft legal brief]
* Disclaimer: I am not a lawyer. This is not legal advice. This is what I would try to do if it happened to me.
I cannot provide you with the copyrighted Exhibits — you must find them