Special Duties of Prosecutors

Prosecutors have a duty to ensure that they only bring charges when there is probable cause. They must also share any evidence that could help the defense, avoid taking advantage of defendants who do not have legal representation, and take action if they discover new evidence that suggests a wrongful conviction.

A prosecutor charges a defendant with theft based on a witness statement but later discovers video footage that shows the defendant was not at the scene. The prosecutor must disclose this evidence to the defense and may need to reconsider the charges based on the new information. The outcome is that the charges are dropped due to lack of probable cause.

Prosecutors: No probable cause, no case; disclose or face disgrace.

Exams may present scenarios where a prosecutor seems to have enough evidence, but students might overlook the need for timely disclosure of exculpatory evidence or the implications of not having probable cause.

Questions often involve fact patterns where prosecutors make questionable decisions regarding evidence or charges, testing candidates' understanding of the ethical obligations imposed on them.