Prosecutors in criminal cases have legal and ethical obligations to turn over evidence that might help the defense or undermine the prosecution’s own witnesses. This program will explore the legal framework of these obligations, including how Colorado courts and disciplinary bodies have interpreted Crim. P. 16 and RPC 3.8(d). We will review empirical studies on prosecutorial ethics and misconduct to identify recurring issues that occur in discovery litigation. And we will examine where policy change may be most needed to further limit the chances of wrongful convictions due to prosecutorial misconduct.
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