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)

      Formal Ethics Opinion 09-454 (Prosecutor's Duty to Disclose Evidence and Information Favorable to the Defense) (downloadable pdf)

      Rule 3.8(d) of the Model Rules of Professional Conduct requires a prosecutor to "make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, [to] disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor."
      $00
      NON-MEMBERS
      $00
      MEMBERS
      $00
      SECTION MEMBERS
      *Additional discounts may apply at checkout

      Log In to view your rate

      Unlock the discounted member rate

      Join first as a member, and then purchase this product at special member pricing.
      Join Now

      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

      Related On-Demand CLE

      Related Events

      Shop ABA Help

      FAQs
      Order Management
      Product Downloads
      Contact Us
      Customer Service (800) 285-2221