Who is exclusively responsible for collecting exculpatory evidence?

The prosecution counsel holds the responsibility for collecting exculpatory evidence due to their obligation under the law to disclose any evidence that may be favorable to the defendant. This is grounded in the ethical and legal standards set by the judicial system, particularly as outlined in the Brady v. Maryland case, which mandates that prosecutors must reveal evidence that could potentially exonerate the accused. The role of the prosecution in ensuring fairness in the legal process necessitates that they actively seek out and present any information that might positively impact the defendant’s case.

The other parties involved—defense counsel, law enforcement agencies, and independent investigators—also play essential roles in the investigative process but have different responsibilities. Defense counsel focuses on advocating for the defendant's rights and interests, law enforcement agencies gather evidence to build a case, and independent investigators often assist in gathering facts and evidence that might benefit either side. However, the unique duty of the prosecution includes ensuring that exculpatory evidence is not withheld, making their role crucial in upholding justice in the court system.