Module 11 :: Pretrial Issues
Topic 1 :: Discovery Issues Related to DNA Evidence
Basic Discovery—The Duty to Disclose
Assuming that evidence has been retained (or retained and tested), the duty to disclose determines what must be released to the other party and when that release must occur. In cases in which evidence (the physical evidence and/or the test result) is exculpatory, disclosure of its existence is mandatory under the U.S. Constitution.6 Evidence is exculpatory if it "would tend to exculpate him or reduce the penalty..."7
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