The American Bar Association Standing Committee on Ethics and Professional

The American Bar Association Standing Committee on Ethics and Professional Responsibility in a formal opinion on Rule 3.8 has noted:

A) Courts as well as commentators have recognized that the ethical obligation is more demanding than the constitutional obligation
B) Courts have recognized the need for prosecutors to hide exculpatory evidence in some cases
C) Commentators recommend that misdemeanor cases revert to a preponderance of the evidence as the burden of proof to speed up the trial process
D) That in some circumstances, the defense attorney may break privilege when the attorney clearly knows the defendant is guilty