Which statements about exculpatory evidence and disclosure duties are correct?

Which statements about exculpatory evidence and disclosure duties are correct?

• A. Exculpatory evidence is evidence favorable to the accused.
• B. Law enforcement should report all information and turn it over to the prosecutor ASAP, including field notes.
• C. Both A and B are correct.
• D. Exculpatory evidence must be given to the defense only after trial.

Answer: (C)

The essential idea is that any information that could help the defendant must be treated as potentially exculpatory and shared in a timely way to protect due process. Exculpatory evidence is material that is favorable to the accused because it could exonerate them or undermine the prosecution’s case. This isn’t just about direct proof of innocence; it also includes information that could impeach a key witness, undermine the reliability of a crucial piece of testimony, or show an alternate explanation for the events. Disclosures are not optional stalls; prosecutors have a duty to provide exculpatory material to the defense, and law enforcement collects and maintains evidence and notes that feed into that process. Investigators should preserve and relay information promptly to the prosecutor, so the defense has access in time to prepare. This can include field notes and other records generated during the investigation, because they may contain exculpatory or impeachment material. So, both statements reflect the practical duties: exculpatory evidence is favorable to the accused, and information gathered by law enforcement should be reported to the prosecutor promptly, including field notes, to ensure proper disclosure.

The essential idea is that any information that could help the defendant must be treated as potentially exculpatory and shared in a timely way to protect due process. Exculpatory evidence is material that is favorable to the accused because it could exonerate them or undermine the prosecution’s case. This isn’t just about direct proof of innocence; it also includes information that could impeach a key witness, undermine the reliability of a crucial piece of testimony, or show an alternate explanation for the events.

Disclosures are not optional stalls; prosecutors have a duty to provide exculpatory material to the defense, and law enforcement collects and maintains evidence and notes that feed into that process. Investigators should preserve and relay information promptly to the prosecutor, so the defense has access in time to prepare. This can include field notes and other records generated during the investigation, because they may contain exculpatory or impeachment material.

So, both statements reflect the practical duties: exculpatory evidence is favorable to the accused, and information gathered by law enforcement should be reported to the prosecutor promptly, including field notes, to ensure proper disclosure.