Rule 3.8 Special Responsibilities of a Prosecutor

Prosecutors have extra duties because they represent the public, not just one side trying to win a case. This rule sets out two main responsibilities they must follow.

First, a prosecutor cannot bring criminal charges unless there is real evidence to support them. They can't file charges just to pressure someone or see what sticks. There has to be probable cause behind every charge.

Second, prosecutors must share evidence that could help the defendant. If they know about information that suggests the person might not be guilty, or that could lessen the seriousness of the crime, they have to turn it over to the defense. This includes information that could help during sentencing too. Prosecutors can't hide helpful evidence just because it hurts their case. The only exception is if a judge issues a specific order saying they don't have to share certain information.

This rule exists because prosecutors have a lot of power. They decide who gets charged and what evidence comes out. This rule makes sure they use that power fairly, so people get a real chance to defend themselves and the justice system stays honest.