Over the past year, there has been a major push toward transparency in the criminal justice system. Citizens have demanded access to various police records, and the legal system has mostly acquiesced. Today, it is easier than ever to access officer disciplinary records – and this could prove useful in a Massachusetts criminal trial for various reasons. How do you get ahold of these records, and when might they be useful?
The Massachusetts POST Commission Explained
The Massachusetts Peace Officer Standards and Training (POST) Commission was created in 2020. Its goal is to improve policing and make citizens more confident about the quality of law enforcement. These goals are achieved through more stringent certification, discipline, and training for all peace officers across the Commonwealth.
Anyone Can Request Access to Public Records Through the POST Commission
A major part of the POST Commission is transparency. Anyone can make a public records request through this Commission to access things like officer disciplinary records. While you cannot find these records online without permission, the POST Commission does not have the right to refuse access without a valid reason.
You can make your records request through the Commission Records Access Officer or custodian. There is a convenient online form that you can use, and you may also hand-deliver or mail your records request. When making your request, you must provide a “reasonable description” of the information you need. Fees may apply.
When Can I Use Disciplinary Records in a Criminal Trial?
Officers testify in many criminal trials, and you might plan to challenge the credibility of these officers by pointing to their disciplinary records. However, this may not be as easy as it seems. Various rules state that past actions, lies, or disciplinary actions may not be used to challenge the credibility of a witness. Unless this misconduct applies specifically to the case at hand, the disciplinary records could be inadmissible.
That being said, the judge may decide to admit this evidence if they believe that the credibility of the testifying officer is a “critical issue at trial.” When making this determination, the judge may consider various factors. They might consider when the misconduct occurred and whether many years have passed since the officer was disciplined. They might also consider how convincing the evidence is and whether the disciplinary records are straightforward or complex. The goal here is to “impeach” the witness and make their testimony ineffective.
Can a Defense Attorney Help Me Access Officer Disciplinary Records?
A defense attorney may be able to help you access officer disciplinary records. You can access records through the POST commission but accessing these records and using them effectively are two very different things. To receive personalized guidance on this subject, consider a consultation with Edward R. Molari. Reach out today to get started with a defense strategy.