312-49 · Question #269
While working for a prosecutor, What do you think you should do if the evidence you found appears to be exculpatory and is not being released to the defense ?
The correct answer is C. Bring the information to the attention of the prosecutor, his or her supervisor or finally to the judge. Under Brady v. Maryland, prosecutors are constitutionally obligated to disclose exculpatory evidence to the defense. If a forensic investigator working for a prosecutor discovers exculpatory evidence that is being suppressed, the proper escalation path is: first inform the…
Question
While working for a prosecutor, What do you think you should do if the evidence you found appears to be exculpatory and is not being released to the defense ?
Options
- AKeep the information of file for later review
- BDestroy the evidence
- CBring the information to the attention of the prosecutor, his or her supervisor or finally to the judge
- DPresent the evidence to the defense attorney
How the community answered
(41 responses)- A10% (4)
- B15% (6)
- C71% (29)
- D5% (2)
Explanation
Under Brady v. Maryland, prosecutors are constitutionally obligated to disclose exculpatory evidence to the defense. If a forensic investigator working for a prosecutor discovers exculpatory evidence that is being suppressed, the proper escalation path is: first inform the prosecutor directly, then escalate to the prosecutor's supervisor, and finally bring it before the judge if necessary. Presenting evidence directly to the defense attorney bypasses proper procedure. Destroying or hiding evidence is a crime. Filing the information away without action is a failure of professional and ethical duty.
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