Can a defendant force a prosecutor to disclose evidence?
No. In the past, prosecutors could guard evidence from defendants with the same fervor toddlers show in protecting toy trucks and dolls from their siblings. Defendants couldn’t force prosecutors to hand over witness statements or even reveal the names of their witnesses.
What can the prosecution get from the discovery process?
For example, through standard discovery procedure, they can: get copies of the arresting officers’ reports and statements made by prosecution witnesses, and examine evidence that the prosecution proposes to introduce at trial. Traditionally, the prosecutor wasn’t entitled to information about a defendant’s case.
Can a defendant get surprise evidence at trial?
Surprise evidence may produce fine drama, but it leads to poor justice. Unlike prosecutors, defendants can’t call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial.
Can a defendant call on a police officer during discovery?
Unlike prosecutors, defendants can’t call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.
For example, through standard discovery procedure, they can: get copies of the arresting officers’ reports and statements made by prosecution witnesses, and examine evidence that the prosecution proposes to introduce at trial. Traditionally, the prosecutor wasn’t entitled to information about a defendant’s case.
Surprise evidence may produce fine drama, but it leads to poor justice. Unlike prosecutors, defendants can’t call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial.
No. In the past, prosecutors could guard evidence from defendants with the same fervor toddlers show in protecting toy trucks and dolls from their siblings. Defendants couldn’t force prosecutors to hand over witness statements or even reveal the names of their witnesses.
Unlike prosecutors, defendants can’t call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.