Volume 56

Entitling the Accused to Exculpatory Evidence: Why Prosecutors Should Have to Disclose During Plea Bargaining

by Emily Clarke

This contribution will first evaluate where courts around the country currently stand on when exculpatory evidence must be handed over. Next, this contribution will argue that based on the Constitution and Supreme Court precedent, exculpatory evidence can and should be handed over to criminal defendants before plea bargains are accepted. Finally, this contribution will argue that—regardless of if the Court one day finds this to be constitutionally required or not—prosecutor’s offices should adopt
this behavior as a practical matter.

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