Situation Boards and Scribes: Lessons from Brady v. Maryland

Abstract

A recurring question among some crisis negotiators has revolved around the issue of retaining notes and any other forms of documentation and communication arising from the negotiation process. This article begins with a review of the facts of Brady v. Maryland. After discussing the legal questions raised and the decision of the court, the ramifications of the case are put into the context of crisis negotiations. The article concludes with recommendations about how negotiators can comply with the court's decision by using today's technology.