Rosenhan redux

KC Johnson posts on a new Duke lacrosse article in a law review. This point caught my eye:

In Mosteller’s opinion, quite beyond Nifong’s complete lack of ethics, a structural problem exists: “Ethical principles, Brady, and our adversary system require a prosecutor to operate with a type of split personality.” On the one hand, the prosecutor is supposed to do justice and hand over exculpatory material. But “for a prosecutor who has reached the conclusion that the accused is guilty, which obviously should be updated as new evidence is received, there can be no true exculpatory evidence.”

There can be no true exculpatory evidence.

See here for additional commentary.