The Ethics of Prosecutorial Disclosure

4 Pages Posted: 7 Nov 2015 Last revised: 11 Dec 2015

See all articles by Peter A. Joy

Peter A. Joy

Washington University in St. Louis - School of Law

Kevin C. McMunigal

Case Western Reserve University School of Law

Date Written: November 5, 2015

Abstract

Do ethical disclosure rules require more of prosecutors than constitutional disclosure rules? Should they? These questions have been raised in debates about prosecutorial disclosure in recent years, with state courts reaching divergent conclusions on how they should be answered. In April of this year, the District of Columbia Court of Appeals in In re Kline, 113 A.3d 202 (D.C. 2015), became the most recent court to address these questions. In this column we examine the Kline opinion, the contours of the debates that preceded it, and the division of views about the proper interpretation of Model Rule 3.8(d) and state ethics rules modeled on Rule 3.8(d).

Keywords: legal ethics, prosecutorial ethics, criminal discovery, disclosure, Brady

JEL Classification: K14, K19, K41, K42

Suggested Citation

Joy, Peter A. and McMunigal, Kevin C., The Ethics of Prosecutorial Disclosure (November 5, 2015). 30 Crim. Just. 41 (Fall 2015); Washington University in St. Louis Legal Studies Research Paper No. 15-11-01; Case Legal Studies Research Paper No. 2015-24. Available at SSRN: https://ssrn.com/abstract=2686806

Peter A. Joy (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
313-935-6445 (Phone)

Kevin C. McMunigal

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States
2163683613 (Phone)
2163682086 (Fax)

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