enforcement, jailhouse informant testimony, flawed forensic
science and misconduct or mistakes made in good faith by law
enforcement or prosecutors; and
WHEREAS, The American Bar Association overwhelmingly approved
changes to Rule 3.8 of the Model Rules of Professional Conduct
and the House of Delegates of the Pennsylvania Bar Association
has endorsed changes to the correlative rule in Pennsylvania;
and
WHEREAS, The changes to Rule 3.8 set forth the role of
prosecuting attorneys who learn of new credible evidence that
makes it reasonably likely that a convicted individual was not
in fact guilty of the crime; and
WHEREAS, The changes to Rule 3.8 would clarify that a
prosecuting attorney should remedy the conviction by making a
"disclosure of the evidence to the defendant, requesting that
the court appoint counsel for an unrepresented indigent
defendant, and, where appropriate, notifying the court that the
prosecutor has knowledge that the defendant did not commit the
offense of which the defendant was convicted"; and
WHEREAS, The changes to Rule 3.8 recognize that "a prosecutor
has the responsibility of a minister of justice and not simply
that of an advocate"; and
WHEREAS, The changes to Rule 3.8 do not impose new
requirements on prosecutors, rather the changes dispel vagueness
and uncertainty; therefore be it
RESOLVED, That the Senate urge the Supreme Court of
Pennsylvania to promulgate and enforce changes in the Rules of
Professional Conduct and the Rules of Criminal Procedure to
ensure a prosecuting attorney make available to the defendant
the complete files of the law enforcement agencies,
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