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New ABA ethics opinion requires more disclosure from prosecutors than constitutional obligations

Alexandra Natapoff at the Snitching Blog brings word of a recent but little-publicized American Bar Association opinion (pdf) defining the scope of prosecutors' ethical duty to disclose information favorable to the defense. As she describes it, the new rule:is more demanding than constitutional Brady disclosure requirements; it covers all information favorable to the defense, not just evidence; it is up to the defense, not the prosecution, to evaluate the utility of the information; the government must disclose information as soon as is reasonably practical, and the defendant cannot waive these rights or absolve the prosecutor of her disclosure duties.What's more, says Natapoff:The ABA opinion not only reiterates the importance of prosecutorial disclosure generally, but explains that the prosecutor's ethical obligation to hand over favorable information is broader than her constitutional obligation...continue to full post

Full post as published by Grits for Breakfast on August 26, 2009 (boomark / email).