TLDR – Under the Fifth and Fourteenth Amendments, a prosecutor has a duty to disclose favorable evidence to defendants case forthcomingly – if the evidence is “material” to either guilt or punishment, then the prosecution is expected to be aware of it and provide it. Failure to comply with this duty has become commonly known as a “Brady Violation” and the only way to remedy this is by overturned the conviction.
This is an examination of the Retail Theft Program IN Seattle in relation to the Brady Doctrine.
Please don’t be so quick to judge,
If you have a shoplifting or retail theft conviction in Seattle, this is how you can get the conviction overturned.
This only applies to people living in Seattle.
For this explanation to make sense, you have to understand what the Retail Theft Program is and you have to understand the legal concept of the Brady List.
The retail theft program is a contract between the Seattle Police and retail stores.
This is about the crime of shoplifting. It is an agreement for SPD to give the rights and abilities to prosecute and submit cases, build evidence, testify at trial, etc. Basically the police are not involved in a any way ever in retail stores.
Trivia Tidbit – Seattle is the only city in the country that operates without police officer involvement in retail theft cases.
So the security guards and loss prevention do the polices tasks
The Brady doctrine is a rule that says the prosecution has to make available any and all exculpatory evidence. Basically any evidence that would b beneficial to the defendants case in any way. It doesn’t matter why it wasn’t available, just the fact tat is exists is grounds for overturned and appealing the conviction based on Brady.
So anything that would impeach or discredit a witness, no matter how slight.
Any history of lying or untruthfulness especially.
This even extends past the trial ending. The prosecution is expected to make available anything of a material nature, no matter how far after the case ending it becomes available.
So any of the security that is used as a witness or who has given testimony for your case – you can subpoena his employment history, any complaints, what his success rate in prosecutions is, etc.
Any internal complains about the security company and guards that the company might have would also be relevant.
If there is anything that wasn’t made available even if by accident and in good faith, then you have grounds for a Brady doctrine appeal.
Call the Public Defenders office. Don’t hesitate.
Waiting too long could prevent you from filing an appeal.
The Retail Theft Program is a secret, silent, chaos magician and causing real life problems. You can easily overturn most convictions for retail theft by knowing the Brady Doctrine and exercising the classic human right of complaining.