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NCJRS Abstract

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NCJ Number: 69935 Find in a Library
Title: Pitchess Motions and the Destruction of Records (From Criminal Law Seminar, 1977, Tape 2 - See NCJ - 69932)
Author(s): R Berke
Corporate Author: California Attorneys for Criminal Justice
United States of America
Date Published: 1977
Sponsoring Agency: California Attorneys for Criminal Justice
Los Angeles, CA 90028
Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
Oceana Publications, Inc
Dobbs Ferry, NY 10522
Sale Source: Oceana Publications, Inc
75 Main Street
Dobbs Ferry, NY 10522
United States of America

Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: Strategies that can be used by defense attorneys to obtain police Internal Affairs records on citizens' complaints of police misconduct, or, if such records have been destroyed, to ask for sanctions, are discussed.
Abstract: Part of a series of five audiocassettes containing the proceedings of the 1977 Statewide California Criminal Law Seminar, sponsored by the California Attorneys for Criminal Justice, and primarily intended for an audience of defense attorneys and law students, this presentation by the Los Angeles County Deputy Public Defender deals with the problem of the destruction of Internal Affairs police records to prevent discovery by defense attorneys. The phrase Pitchess motions refers to a precedent-setting 1974 California Supreme Court decision regarding discovery motions by defense attorneys seeking police Internal Affairs information concerning records of citizens' complaints for use of excessive force and other unlawful acts by police officers. Since denying defense attorneys' access to these records is now a felony, the way to circumvent the Pitchess motions decision is simply to destroy such records. This was done, for example, by the Los Angeles District Attorney's office in full awareness that the destruction of discoverable material was a felony. Defense attorneys must use Pitchess motions to ask for sanctions, up to and including case dismissal, if their requests for police Internal Affairs records are frustrated by destruction of the records they are seeking. Before asking for police Internal Affairs records, however, attorneys should find out how a police department classifies and files citizens' complaints on police officers: suggested strategies include examining police manuals and subpoenaing Internal Affairs personnel. Also discussed in this presentation are compliance hearings (as tests to find out whether a defense attorney has received that which the Court has ordered) when destruction of records is suspected. The meaning of deprivation (i.e., when the Court orders some records to be produced and the order is not complied with) is explained; dismissal should be requested where there is no compliance with a discovery motion, because evidence is being withheld in such a case. Detailed instructions are given on how to answer all possible arguments that may be offered by prosecutors and police departments to deny access to Internal Affairs records (e.g., the open season on police and the anarchy arguments). A syllabus provided with the cassettes contains relevant material and additional guidelines on using the Pitchess motions to gain access to police Internal Affairs records.
Index Term(s): California; Complaints against police; Lawful use of force; Police internal affairs; Police records
Note: *This document is currently unavailable from NCJRS. Price listed is for one casette tape. 1977.
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=69935

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