TFSC Ethics Practice Test

Question: 1 / 400

Under the Brady Rule, what is the prosecutor's constitutional duty regarding information?

To produce only favorable information

To produce both favorable and unfavorable information

The Brady Rule, stemming from the Supreme Court case Brady v. Maryland, imposes a constitutional duty on prosecutors to disclose evidence that is favorable to the defendant. This includes not only exculpatory evidence, which may prove the defendant's innocence, but also evidence that can be used to undermine the credibility of prosecution witnesses or the integrity of the prosecution's case.

By requiring both favorable and unfavorable information to be shared, the rule seeks to promote a fair trial and ensure that the defense has access to all relevant evidence. This duty is rooted in the principle of fairness and justice, recognizing that withholding information can lead to wrongful convictions. Therefore, the understanding of the Brady Rule encompasses the obligation to fully inform the defense of both favorable and unfavorable information that could impact the case.

In contrast, producing only favorable information would impair the defendant's right to a fair trial by potentially omitting critical pieces of evidence necessary for a robust defense. Similarly, limiting the disclosure to only admissible information overlooks the broader implications of the prosecutorial duty to ensure overall fairness. Keeping information from the defense entirely would violate the ethical standards and legal requirements set forth by the Brady Rule.

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To only disclose information that is admissible

To ensure no information is shared with the defense

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