Prosecutorial Duty to Disclose Exculpatory Information

Question 1

Failure to Disclose Evidence

Answer 1

-a prosecutor’s failure to disclose evidence, whether willful or inadvertent, violates the Due Process Clause and may be grounds for a reversal of a conviction

Question 2

Failure to Disclose Exculpatory Info

Answer 2

-a failure to disclose exculpatory info will constitute grounds for reversing a conviction if:
1-the evidence is favorable to defendant
2-prejudice has resulted, meaning there is a reasonable probability that the result would have been different had the info been disclosed