Explain what it means to require the prosecution to disclose exculpatory evidence. What are the consequences if the prosecution fails to do so?
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."
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