Title

The Ethics of Prosecutorial Disclosure

Abstract

Do ethical disclosure rules require more of prosecutors than constitutional disclosure rules? Should they? These questions have been raised in debates about prosecutorial disclosure in recent years, with state courts reaching divergent conclusions on how they should be answered. In April of this year, the District of Columbia Court of Appeals in In re Kline, 113 A.3d 202 (D.C. 2015), became the most recent court to address these questions. In this column we examine the Kline opinion, the contours of the debates that preceded it, and the division of views about the proper interpretation of Model Rule 3.8(d) and state ethics rules modeled on Rule 3.8(d).

Keywords

legal ethics, prosecutorial ethics, criminal discovery, disclosure, Brady

Publication Date

2015

Document Type

Article

Place of Original Publication

Criminal Justice

Publication Information

30 (Fall) Criminal Justice 41 (2015)

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COinS Peter A. Joy Faculty Bio