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What You Should Know: Legal Ethics Pitfalls and Hot Issues Attorneys Encounter [CC}
Formal Ethics Opinion 09-454 (Prosecutor's Duty to Disclose Evidence and Information Favorable to the Defense) (downloadable pdf)
Formal Ethics Opinion 09-454 (Prosecutor's Duty to Disclose Evidence and Information Favorable to the Defense) (downloadable pdf)
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Prosecutor's Duty to Disclose Evidence and Information Favorable to the Defense July 8, 2009. This ethical duty is separate from disclosure obligations imposed under the Constitution, statutes, procedural rules, court rules, or court orders. Rule 3.8(d) requires a prosecutor who knows of evidence and information favorable to the defense to disclose it as soon as reasonably practicable so that the defense can make meaningful use of it in making such decisions as whether to plead guilty and how to conduct its investigation. Prosecutors are not further obligated to conduct searches or investigations for favorable evidence and information of which they are unaware. In connection with sentencing proceedings, prosecutors must disclose known evidence and information that might lead to a more lenient sentence unless the evidence or information is privileged. Supervisory personnel in a prosecutor's office must take reasonable steps under Rule 5.1 to ensure that all lawyers in the office comply with their disclosure obligation.
Product Details
Sponsors
Center For Professional Responsibility
Product Code
5611100454PDF
Publication Date
7/1/2009 12:00:00 AM
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