The Duty of Prosecutors to Disclose Exculpatory Evidence

Prosecutors must disclose all exculpatory evidence to defense attorneys in Oklahoma. “Exculpatory” evidence tends to show that the defendant is not guilty or shows that the crime committed is a lesser offense (e.g. manslaughter instead of murder). Both state rules of professional responsibility and a number of Supreme Court cases explain this mandate. Oklahoma Code of Professional Responsibility, Rule 3.8(d) states: “A prosecutor shall make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense”. The Code of Professional Responsibility must be followed by...

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