Which statement about prosecutorial disclosure of exculpatory evidence is correct?

Which statement about prosecutorial disclosure of exculpatory evidence is correct?

• A. Yes
• B. No
• C. Only in capital cases
• D. Only upon defense request

Answer: (A)

Prosecutors have a duty to disclose exculpatory or favorable evidence to the defense, due process requires it. This comes from Brady v. Maryland, which holds that suppressing evidence that is favorable to the defense violates due process if that evidence is material to guilt or punishment. The duty is not triggered only if the defense asks for it; it exists regardless of defense requests. It also covers more than just exculpatory facts—it includes impeachment evidence as well (impeachment of witnesses can be favorable to the defense). And it applies in all cases, not just capital cases. The materiality standard matters: if the undisclosed evidence would likely have altered the outcome, the failure to disclose is reversible error. So the correct understanding is that there is a disclosure obligation—the statement is true.

Prosecutors have a duty to disclose exculpatory or favorable evidence to the defense, due process requires it. This comes from Brady v. Maryland, which holds that suppressing evidence that is favorable to the defense violates due process if that evidence is material to guilt or punishment. The duty is not triggered only if the defense asks for it; it exists regardless of defense requests. It also covers more than just exculpatory facts—it includes impeachment evidence as well (impeachment of witnesses can be favorable to the defense). And it applies in all cases, not just capital cases. The materiality standard matters: if the undisclosed evidence would likely have altered the outcome, the failure to disclose is reversible error. So the correct understanding is that there is a disclosure obligation—the statement is true.