Certified Legal Professional (CLP) Practice Exam

What ethical violation did the prosecutor commit regarding the eyewitness in the murder trial?

1. Intimidation of a witness

2. Failure to provide witness protection

3. Withholding exculpatory evidence

4. Incorrectly charging the defendant

The correct answer is: Withholding exculpatory evidence

The prosecutor's ethical violation in this situation revolves around the responsibility to disclose exculpatory evidence, which refers to any information that may be favorable to the defendant in a criminal case. If the prosecutor withheld evidence that could have helped the defense’s case, this undermines the fairness of the trial and violates the duty of the prosecutor to seek justice rather than merely securing a conviction. This obligation is rooted in constitutional standards, which require that the prosecution disclose evidence that could potentially exonerate the defendant. Examples may include statements from the eyewitness that contradict the prosecution's case, evidence that points to the defendant's innocence, or any relevant facts that could influence the outcome of the trial. Failing to share such information not only harms the defendant's right to a fair trial but also diminishes the integrity of the legal process. This aspect of the prosecutor's role is crucial to maintaining ethical standards within the legal system, ensuring that all evidence is presented fairly and transparently.