Tennessee Private Investigator Licensing Practice Exam

Which amendment mandates the disclosure of favorable evidence to defendants?

1. Third Amendment

2. Fifth Amendment

3. Fourteenth Amendment

4. Both Fifth and Fourteenth Amendments

The correct answer is: Both Fifth and Fourteenth Amendments

The obligation to disclose favorable evidence to defendants is primarily derived from the due process protections found within the Fifth and Fourteenth Amendments. The Fifth Amendment ensures that no person shall be deprived of life, liberty, or property without due process of law, which includes the right to a fair trial. This amendment lays the groundwork for the requirement of disclosure in criminal proceedings. Similarly, the Fourteenth Amendment extends these protections at the state level, also guaranteeing that individuals receive due process under the law. The Supreme Court has interpreted this to mean that prosecutors must disclose any evidence that may be favorable to the defendant, a principle known as Brady disclosure, stemming from the landmark 1963 Brady v. Maryland case. This case established the precedent that withholding exculpatory evidence violates the defendant's right to due process. The combination of these amendments reinforces the principle that defendants have the right to access evidence that could impact the jury's decision during a trial. Thus, the correct answer encompasses both amendments, highlighting their joint role in ensuring fair treatment in the legal process.