If a prosecutor learns of new, credible and material evidence clearly indicating that a convicted defendant did not commit an offense for which he/she was convicted, the prosecutor should promptly notify an appropriate court.

Question

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This is in accordance with the American Bar Association's Standards for Prosecutorial Investigations, which state that prosecutors have a duty to disclose new evidence that could exonerate a defendant. Additionally, the Supreme Court has held that a prosecutor's failure to disclose exculpatory evidence violates due process.

If a Prosecutor Learns of New, Credible and Material Evidence