Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyMedium
A prosecutor is handling a high-profile criminal case involving an alleged conspiracy. During the investigation, the prosecutor receives an anonymous tip suggesting that a key witness for the prosecution has a significant, undisclosed incentive to testify, beyond what has been disclosed to the defense. The tip includes details that, if true, could undermine the witness's credibility. The prosecutor has not yet independently verified the tip. What is the prosecutor's most appropriate ethical obligation?
- ADisregard the anonymous tip as unverified and continue with the case as planned.
- BInform the court privately about the tip and seek guidance on whether to disclose.
- CImmediately disclose the unverified tip to the defense counsel.
- DInvestigate the anonymous tip to determine its veracity before deciding on disclosure.
Show answer & explanationAnswer & explanation
Correct answer: D. Investigate the anonymous tip to determine its veracity before deciding on disclosure.
Prosecutors have a special responsibility to seek justice, which includes the duty to disclose exculpatory evidence. While an anonymous tip is not immediately 'evidence,' the prosecutor has an ethical obligation to investigate credible information that could lead to exculpatory evidence or affect witness credibility before making disclosure decisions.
Why the other options are wrong
- A. Disregarding a tip that could lead to exculpatory evidence or affect witness credibility violates the prosecutor's special duties.
- B. While seeking judicial guidance can be appropriate in some ambiguous situations, the initial duty here is to investigate the potential exculpatory nature of the information.
- C. Disclosing an unverified anonymous tip could be premature and potentially harmful, as it might be false or misleading. Investigation is needed first.
Prosecutor's Duty to Investigate
A prosecutor has a special responsibility to seek justice, which includes the duty to investigate credible information that may lead to exculpatory evidence or affect witness credibility.
- Duty extends beyond merely presenting evidence found.
- Must investigate information that could be favorable to the defense.
- Aims to ensure a fair trial and prevent wrongful convictions.
Memory trick: Justice-seeking prosecutors diligently investigate all credible leads.