What should you do when you find exculpatory evidence?
What will be an ideal response?
ANSWER: If you’re working for a prosecutor in a criminal case and believe you have found exculpatory evidence (evidence that exonerates or diminishes the defendant’s liability), you have an obligation to ensure that the evidence isn’t concealed. Initially, you should report the evidence (emphasizing its exculpatory nature) to the prosecutor handling the case. Be sure you document communicating your concern to the prosecutor. If this information isn’t disclosed to the defense attorney in a reasonable time, you can report it to the prosecutor’s supervisor. Be sure to document this communication, too. Documentation of each attempt to induce disclosure and your reasoning is important to protect your reputation.
If these efforts still don’t result in disclosure, you can report the lack of disclosure to the judge. Be sure you have documented your attempts to bring the matter to the prosecutor’s attention before bringing it to the judge. Don’t communicate directly with the defense attorney; reporting evidence to the judge fulfills your obligation.
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