Do prosecutors have a duty to disclose exculpatory evidence?

• A. No; prosecutors have no general duty to disclose exculpatory evidence.
• B. Yes; prosecutors have the duty to disclose exculpatory evidence.
• C. Only if the defendant requests it.
• D. Only in capital cases.

Answer: (B)

Prosecutors must disclose exculpatory evidence to protect due process. Exculpatory evidence is information that could favor the defendant by negating guilt or reducing punishment. Under the Brady principle, the government has a duty to reveal such evidence in its possession or control, regardless of whether the defense asks for it and regardless of the case type. This requirement exists to prevent wrongful convictions by ensuring the defense has access to all information that could influence guilt or sentencing. The duty is triggered by the nature of the evidence (favorable and material) and applies broadly, not only in capital cases.