Proposed rule would require prosecutors to reveal post-conviction exculpatory evidence

Proposed rule would require prosecutors to reveal post-conviction exculpatory evidence

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Under a proposed change to the Rules of Professional Conduct, Illinois prosecutors would have to disclose credible post-conviction evidence that a person found guilty is in fact innocent.  Currently, Rule 3.8 requires prosecutors to disclose any exculpatory evidence to defense counsel during a criminal proceeding. The Illinois Supreme Court Rules Committee is currently considering an amendment to Rule 3.8 that would require prosecutors to reveal post-conviction exculpatory evidence when they “know of new credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which he was convicted”.  To read the rest of this article head to the Illinois State Bar Association (ISBA).

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