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Model Rule 3.8

Reporter’s Explanation of Changes


Paragraph (f): Relocate current paragraph (e)

The text of current paragraph (e) has not been modified but has been moved here to consolidate in a single paragraph the prosecutor’s obligations regarding extrajudicial publicity.


[1] The Commission recommends deleting the cross-reference to Rule 3.3(d) in the context of grand-jury proceedings, on the ground that grand-jury proceedings are not ex parte adjudicatory proceedings.

[2] The proposed modifications provide a rationale for the Rule and clarify the distinctions between an unrepresented accused, an accused who is appearing pro se with the approval of the tribunal and an uncharged suspect. No change in substance is intended.

[6] This is a new Comment explaining the material relocated from current paragraph (e). It provides that the reasonable-care standard will be satisfied if the prosecutor issues appropriate cautions to law-enforcement personnel and other individuals assisting or associated with the prosecutor but not under the prosecutor’s direct supervision. No change in substance is intended.

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