Judge Lewis and The Constitution Project Release Statement on the Department of Justice’s Practice of Failing to Disclose Favorable Evidence to Defendants

The Board of Directors of The Constitution Project released a statement on April 24, 2012 detailing their stance on recent media reports that the Department of Justice (“DOJ”) too often fails to disclose favorable evidence to defendants when it is constitutionally, legally, and ethically required to do so. Schnader’s Hon. Timothy K. Lewis, along with his fellow Board members, are appalled at the DOJ’s breach of its discovery obligations and agree that legislative guidance is necessary to prevent future violations. The Board believes that an unprecedented opportunity is at hand for the DOJ to show a commitment to the Constitution and to fairness and accuracy in our criminal justice system. It must assure the American public that it is putting into practice the principle that a prosecutor’s first duty is not to ensure and protect convictions at all costs, but to ensure justice and to adhere to the Constitution.

The Constitution Project brings together experts and practitioners from across the political spectrum in order to promote and safeguard America’s founding charter. Its mission is to reform the nation’s broken criminal justice system and to strengthen the rule of law through scholarship, consensus policy reforms, advocacy, and public education.