Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyEasy
A prosecutor is handling a high-profile criminal case. During the investigation, the prosecutor obtains several pieces of evidence that could be considered exculpatory or mitigating for the defendant. The prosecutor believes that disclosing all of this evidence might weaken the state's case significantly. What is the prosecutor's ethical obligation regarding this evidence?
- ATo withhold the evidence if the prosecutor believes it is not credible or would confuse the jury.
- BTo disclose all exculpatory and mitigating evidence to the defense, regardless of its perceived impact on the state's case.
- CTo disclose only the exculpatory evidence that is clearly material to guilt or punishment.
- DTo present the evidence to the judge for an in camera review to determine its materiality.
Show answer & explanationAnswer & explanation
Correct answer: B. To disclose all exculpatory and mitigating evidence to the defense, regardless of its perceived impact on the state's case.
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.
Why the other options are wrong
- A. The prosecutor's belief about credibility or confusion does not negate the duty to disclose exculpatory or mitigating evidence.
- C. The duty extends beyond 'clearly material' and encompasses all evidence tending to negate guilt or mitigate the offense.
- D. While an in camera review might occur, the primary ethical obligation is the prosecutor's to disclose, not to shift the initial determination to the judge.
Prosecutor's Duty to Disclose
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 regardless of perceived impact on state's case.
- Includes both exculpatory and mitigating evidence.
- Duty is proactive and continuing.
Memory trick: Prosecutors illuminate the truth, even if it dims their case.