In all states, the prosecution must provide the defense with exculpatory evidence. The exact rules are different state by state, but there is a general rule in all jurisdictions that exculpatory evidence must be shared (pursuant to Brady v. Maryland and its progeny). "Exculpatory" has Latin origins. Culpa means fault. "Ex" means, well, it sort of means "not." So exculpatory is evidence that tends to show that the defendant is not at fault. In many states, the defense also must provide the prosecution with certain information, such as details of an alibi defense. Think about the burden of proof that the prosecution has - beyond a reasonable doubt - and share your thoughts about whether these disclosures help or hurt the ultimate goal of justice.
Why do you think the law requires the prosecution to share all exculpatory evidence with the defense? Do you agree or disagree with this policy? Why? Explain your thoughts.
Post your thoughts to this discussion forum. Be sure to return later in the week to respond to at least two other students' posts.