Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyEasy
A prosecutor is handling a criminal case where the defendant is accused of assault. During pretrial preparation, the prosecutor discovers a police report indicating that the victim had a history of initiating physical altercations, which directly contradicts the victim's sworn statement. This information is exculpatory. What is the prosecutor's immediate ethical obligation regarding this newly discovered information?
- AThe prosecutor should present the information to the court for a determination on its admissibility before disclosure.
- BThe prosecutor must immediately disclose this information to the defense counsel.
- CThe prosecutor may withhold the information if it would severely undermine the prosecution's case.
- DThe prosecutor must first confirm the veracity of the police report before disclosing it.
Show answer & explanationAnswer & explanation
Correct answer: B. The prosecutor must immediately disclose this information to the defense counsel.
Prosecutors have a special obligation to disclose all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense.
Why the other options are wrong
- A. The prosecutor's duty is to disclose, not to seek a pre-disclosure ruling on admissibility.
- C. Withholding exculpatory evidence is a serious ethical violation and can lead to a mistrial or reversal.
- D. The duty to disclose exculpatory evidence is not contingent on the prosecutor's personal confirmation of its veracity; it is based on knowledge of its existence.
Prosecutor's Disclosure Duty (Exculpatory)
A prosecutor must timely disclose to the defense all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense.
- Applies to all exculpatory or mitigating evidence.
- Disclosure must be timely.
- Duty is independent of prosecutor's belief in its veracity.
Memory trick: Justice for All, Not Just Convictions.