There are two categories of laws which are meant to punish wrongdoing or compensate victims of bad acts in the United States, known as criminal law and civil law. Civil law is a body of law that is intended to handle behaviors that cause some type of injury to an individual or another private party through a lawsuit.
The repercussions for a party that is found liable for these types of actions are typically monetary but may also include a court-ordered remedy, such as an injunction or a restraining order. On the other hand, criminal laws are designed to handle behaviors that are considered offenses against society, the state, or the public, even if the victim is an individual.
An individual may be convicted of a crime and may be required to pay criminal fines, but they may also lose their freedoms if they are sentenced to prison time or jail time. Whether an individual is charged with a minor crime or a serious offense, the defendant, or accused individual, still has the right to a trial in addition to other legal protections.
What is Criminal Defense?
An individual accused of and charged with committing a crime is known as a criminal defendant. Criminal defendants are presumed to be innocent until the government proves that they are guilty beyond a reasonable doubt.
A defense may be presented which excuses or justifies their criminal behavior, which may prevent them from being convicted or may reduce the charges against them.
Who is Allowed to Access an Employee Personnel File?
Not everyone is allowed to have access to an individual’s personnel file. Employee personnel files are considered to be private files which an employer is required to regulate access to.
Usually, employers will have policies regarding who is permitted to access personnel files. Individuals who are typically granted access to personnel files include an employee’s immediate supervisor as well as the human resources manager.
During legal proceedings an employee’s personnel files might be made available to others. A civil or criminal suit might require disclosure of this information.
How to Use Police Personnel Files in a Criminal Case?
Criminal cases are court proceedings where a defendant is tried by the government in order to determine their guilt or innocence. A defendant may be able to use police personnel files to prove an affirmative defense in their case or to discredit a witness.
Why Use Police Personnel Files in a Criminal Case?
Police personnel files may be used to impeach the testimony of a law enforcement officer. A judge or a jury may assume that a law enforcement officer is telling the truth even if there is another witness who counters their testimony.
The use of police personnel rules may also demonstrate:
- Any negative or behavioral problems, for example, using excessive force or lying;
- Any public complaints filed against the officer; and
- Any altercations where the law enforcement officer was involved.
How Do I Make a Request for Police Personnel Files?
How to make a request for police personnel files will depend upon the particular jurisdiction where the request is being made. Every jurisdiction has a different procedure that an individual is required to complete in order to obtain the personnel file or files.
Why Obtain Police Personnel Files for Criminal Defense?
If a defendant is involved in an altercation with law enforcement, it may be very important to impeach the credibility of that officer if the officer is not being truthful. In many cases, a court will presume that the law enforcement officer is telling the truth even if an eyewitness states otherwise.
In order to show that a law enforcement officer’s statement is not accurate, a defendant should request the officer’s personnel records.
Is There a Specific Time to Request Police Personnel Files?
Yes, police personnel files should be requested during the discovery stage of a criminal trial. During the discovery process, a defendant is able to obtain information which is relevant to their case.
This information can include evidence which is held by the prosecutor, which may include:
- Oral statements;
- Police personnel files;
- Test results;
- Expert witness summary;
- Recorded and written evidence; and
- Eyewitness testimony.
What Will Police Personnel Records Show?
The law enforcement officer’s personnel record will show their employment record at the police station or department where they work. It will include the law enforcement officer’s performance reviews as well as any negative behavioral issues, which may include using excessive force or fabricating statements.
These records will also show whether members of the public have made any complaints regarding the officer and whether that officer has been previously involved in similar altercations. A defendant may attempt to use the records to impeach the law enforcement officer when they testify.
In other words, the defendant will use the personnel records to demonstrate that the officer has a history of not telling the truth or acting in a manner which is improper. As a result, the defendant may be able to demonstrate that they are, in fact, telling the truth and that they should not be convicted of the crime with which they were charged.
How Can I Request the Records?
A defendant will be able to obtain law enforcement personnel records by filing a citizen complaint with the department where the officer is employed. A defendant must allege what the law enforcement officer did wrong in their citizen complaint.
That department will then turn over the records which were requested by the defendant.
Will I Automatically Receive the Requested Files?
No, a defendant may not automatically receive the files they requested. In many cases, the prosecution will review the personnel files in order to determine if they are relevant to the case and/or helpful to the defense.
The prosecution is not required to turn over all files which they possess. They are only required to share information which is relevant to the case.
What if the Government Refuses to Provide the Records?
There may be instances where the law enforcement department will not willingly turn over all personnel records. In order to refuse, they are required to have a compelling reason.
If a compelling reason does not exist to turn over the files, the department has the ability to deny that request. If this occurs, a defendant may be required to file a motion with the court in order to obtain the requested personnel files.
Their motion is required to include the basis, or reasons, which the defendant desires to obtain those records. The majority of states will grant these types of motions so long as the court finds that the information will be relevant to the defendant’s case.
Should I Consult an Attorney?
If you believe that a law enforcement officer involved in your case acted wrongfully, it may be very helpful to consult with a criminal defense lawyer. Your lawyer can request the law enforcement officer’s personnel records and assist you in presenting a defense, especially if it can be shown that the officer is not being truthful.
If your lawyer can successfully present this type of defense, the charges against you may be reduced or dropped altogether. Your lawyer may also be able to negotiate with the prosecution for a reduction or elimination of the charges against you without having to go to trial.
