NCJ Number
114722
Date Published
1988
Length
50 pages
Annotation
A survey of the relevant literature and of lawyer disciplinary bodies in all 50 States and the District of Columbia was conducted to examine rules that impose a duty on prosecutors to reveal exculpatory evidence and that prohibit the presentation of false evidence and provide sanctions for violations of such rules.
Abstract
Two types of State disciplinary rules are applicable: those that prohibit dishonest activity and presentation of false testimony by all lawyers, and those that apply specifically to prosecutors and require them to reveal exculpatory evidence to their opponents. Taken together with constitutional standards, such disciplinary codes provide a comprehensive network of prohibitions that outlaw prosecutorial misconduct. However, despite universal adoption of such prohibitions and despite numerous reported cases of violations of these rules, disciplinary charges have been brought infrequently; and meaningful sanctions are rarely applied. While the disciplinary system appears to be a deterrent to prosecutorial misconduct, its impact has been weakened by lax enforcement. Further the development of strict materiality standards has lessened the chance that a conviction will be reversed because of such misconduct. Thus, prosecutors have little incentive to refrain from it. To correct this problem, bar disciplinary bodies should review reported cases of misconduct and initiate disciplinary proceedings, the courts should adopt a bad-faith standard and reverse convictions on suppressed exculpatory or false evidence, and both should sanction such misconduct more severely. 278 footnotes.