ABA Explains Prosecutor's Ethical Disclosure Duty
Criminal Justice, Vol. 24, No. 4, Winter, 2010
6 Pages Posted: 16 Mar 2011
Date Written: September 9, 2009
The ABA Standing Committee on Ethics and Professional Responsibility recently issued an advisory ethics opinion explaining that the ethical duty of the prosecutor under Model Rule 3.8(d) to disclose exculpatory evidence and information to the defendant is separate from, and more expansive than, the disclosure obligations under the Constitution. This column reviews the opinion and its implications for discovery in criminal cases.
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