Summarize the prosecutor's duty to disclose exculpatory evidence

What will be an ideal response?


As a matter of due process, the prosecution has a constitutional duty to reveal exculpatory evidence to the defense. If the prosecution obtains evidence suggesting that the defendant is not guilty, it needs to inform the defense of this fact. This requirement is an ongoing duty, both before and during trial.

In Napue v. Illinois, 360 U.S. 264 (1959), the Supreme Court held that the prosecution is also bound to disclose its knowledge of false testimony that affects the credibility of a witness. In that case, a witness testified falsely that the prosecution had not promised him leniency for his willingness to cooperate. Since the prosecutor knew the witness's testimony was false and did nothing to correct it, the defendant's conviction was reversed, since "[t]he jury's estimate of the truthfulness and reliability of a given witness may well be determinative of guilt or innocence, and it is upon such subtle factors as the possible interest of the witness in testifying falsely that a defendant's life or liberty may depend."

Criminal Justice

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a. interdiction b. interruption c. interception d. injunction

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A proceeding in which a witness is questioned under oath and in the presence of a court reporter is called a(n) ______.

A. deposition B. disposition C. voir dire D. initial appearance

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Procedural due process contains two basic elements: fair notice and _____________

Fill in the blank(s) with correct word

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A graduate student wishes to explore if court ordered substance abuse treatment for driving under the influence (DUI) offenders has an effect on the odds an offender will commit future DUI offences. The students identifies his sample from among offenders arrested for DUI and designates those ordered into treatment as his experiment group and those not ordered into treatment into his control group. Which of the following best identifies the type of experiment he used?

What will be an ideal response?

Criminal Justice