The ABA Standing Committee on Ethics and Professional Responsibility recently issued an advisory ethics opinion explaining that the ethical duty of the prosecutor under Model Rule 3.8(d) to disclose exculpatory evidence and information to the defendant is separate from, and more expansive than, the disclosure obligations under the Constitution. This column reviews the opinion and its implications for discovery in criminal cases.
Legal Profession, Ethics/Professional responsibility, Investigations, Disclosure
Place of Original Publication
24 (4) Criminal Justice 41 (2010)
Joy, Peter A. and McMunigal, Kevin C., "ABA Explains Prosecutor's Ethical Disclosure Duty" (2010). Faculty Publications. 34.