Multistate Professional Responsibility Exam Practice Question
A government attorney prosecuting a complex theft case obtains a report that indicates another suspect may have committed the offense. The report appears to undermine the government’s case, though its accuracy is not fully confirmed. What must the government attorney do?
Inform defense counsel about the report and provide it as soon as it is identified
Wait to present the report after the defense finishes its case
Disregard the report due to incomplete verifications
Reveal the document through the normal course and scope of the lawsuit, such as in discovery or initial disclosures
Ethics rules require prosecutors to disclose evidence that may indicate the defendant is not guilty. A prosecutor’s obligation is to seek justice, not merely to win. The option involving prompt disclosure follows this principle. Answers suggesting concealment or waiting for trial violate the ethical duty to ensure fairness and to provide exculpatory information in a timely manner.
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Multistate Professional Responsibility Exam
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