If exculpatory evidence is found and is not released to the defense, what should you do?

• A. Keep the information for later review
• B. Destroy the evidence
• C. Bring the information to the prosecutor, supervisor, or judge
• D. Present the evidence to the defense attorney

Answer: (C)

Exculpatory evidence is information that may show the defendant is not guilty or that charges should be reduced. When you find such material, you must ensure it is disclosed through proper legal channels so the defense can receive it and the case remains fair. The correct action is to bring the information to the prosecutor, supervisor, or judge because they are the appropriate authorities to handle disclosure, preserve the evidence, and ensure it is shared with the defense through the proper discovery process. Keeping it or destroying it would obstruct justice, and presenting it directly to the defense bypasses the established procedures and could jeopardize the case.