Which obligation does the prosecutor have regarding exculpatory evidence?

Which obligation does the prosecutor have regarding exculpatory evidence?

• A. Disclose exculpatory evidence.
• B. Exculpatory evidence need not be disclosed.
• C. Only disclose in ex parte matters.
• D. Must disclose only if asked by defense.

Answer: (A)

Prosecutors have a constitutional duty to disclose exculpatory evidence to the defense. Under Brady v. Maryland, any evidence that is favorable to the accused and material to guilt or punishment must be disclosed, regardless of whether the defense asks for it. This obligation applies before and during trial and aims to ensure the defendant receives a fair trial, with the opportunity to use that evidence. If the prosecutor withholds such material evidence, it can require reversal if the omission could have affected the outcome. The obligation is not triggered only by a defense request, nor limited to ex parte proceedings, so simply stating that disclosure is conditional on a motion or on inquiry would be incorrect.

Prosecutors have a constitutional duty to disclose exculpatory evidence to the defense. Under Brady v. Maryland, any evidence that is favorable to the accused and material to guilt or punishment must be disclosed, regardless of whether the defense asks for it. This obligation applies before and during trial and aims to ensure the defendant receives a fair trial, with the opportunity to use that evidence. If the prosecutor withholds such material evidence, it can require reversal if the omission could have affected the outcome. The obligation is not triggered only by a defense request, nor limited to ex parte proceedings, so simply stating that disclosure is conditional on a motion or on inquiry would be incorrect.