What Types of Evidence Must the Prosecutor Disclose?
Recognizing that a prosecutor who withholds key evidence from the accused deprives him of his constitutional right to a fair trial, the United States Department of Justice requires that federal prosecutors disclose “exculpatory and impeachment evidence when such evidence is material to guilt or punishment.” According to its internal guidelines, “this evidence must be disclosed regardless of whether the defendant makes a request for exculpatory or impeachment evidence.” Ah, but what exactly constitutes the type of “exculpatory or impeachment evidence” that the feds are willing to hand over? In what appears to be a narrow definition, Justice Department guidelines provide for the disclosure of evidence that “is material to a finding of guilt” only “when there is a reasonable probability that effective use of the evidence will result in an acquittal.” Defense lawyers aren’t exactly comfortable with the latitude of discretion this policy seems to afford the prosecutor. So, as you might imag
