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NCJ Number: 62576 Find in a Library
Title: CRIMINAL DISCOVERY - TRY IT, YOU'LL LIKE IT - THE DEFENSE STANDS TO GAIN MORE THAN THE PROSECUTION, BUT JUSTICE STANDS TO GAIN THE MOST
Journal: JUDGES' JOURNAL  Volume:17  Issue:4  Dated:(FALL 1978)  Pages:38-43
Author(s): J TABER
Corporate Author: American Bar Association
United States of America
Date Published: 1978
Page Count: 6
Sponsoring Agency: American Bar Association
Format: Article
Language: English
Country: United States of America
Annotation: THIS OVERVIEW OF CRIMINAL DISCOVERY DISCUSSES ITEMS COMMONLY DISCOVERABLE UNDER THE LAW AND THE PRACTICAL EFFECT THAT CRIMINAL DISCOVERY HAS HAD UPON DEFENDANTS, PROSECUTORS, AND THE COURTS.
Abstract: APPELLATE COURTS IN CALIFORNIA ARE DETERMINING THE DEFENDANT'S RIGHT IN A CRIMINAL CASE TO DISCOVER INFORMATION FROM THE PROSECUTOR FORMALLY OR INFORMALLY. INFORMAL DISCOVERY HAS DEVELOPED PRIMARILY AS A RESULT OF FORMAL DISCOVERY WHICH WILL BE ORDERED BY COURTS UPON REQUEST. FORMAL DISCOVERY AS, SOUGHT IN A MOTION, IS AIMED EITHER AT SECURING INFORMATION FROM THE PROSECUTOR'S FILE OR SECURING INFORMATION WHICH ONLY THE PROSECUTOR CAN OBTAIN. HEARING OF FORMAL MOTIONS OF DISCOVERY REQUIRES LITTLE COURT TIME, INCLUDES ANY INFORMATION THAT MIGHT LEAD TO USABLE EVIDENCE, AND HAS TWO PARTS; THE SUFFICIENCY OF THE MOTION AND AFFIDAVIT AND DETERMINATION BY THE COURT IF REQUESTED DISCOVERY ITEMS ARE RELEVANT. THE ARTICLE OUTLINES SEVERAL SPECIALIZED TYPES OF DISCOVERY: MOTIONS TO DISCOVER THE CONFIDENTIAL INFORMER'S IDENTITY, COMPLAINTS ABOUT AN OFFICER'S USE OF EXCESSIVE FORCE OR BIAS, AND EVIDENCE OF DISCRIMINATORY LAW ENFORCEMENT AGAINST THE DEFENDANT IN THE PENDING CASE. THE ARTICLE CONCLUDES THAT BOTH PROSECUTORS AND DEFENSE ATTORNEYS AS WELL AS COURTS BELIEVE FULL DISCOVERY IS BENEFICIAL IN ASCERTAINING THE TRUTH. (MJW)
Index Term(s): Court reform; Defendants; Pretrial discovery; Prosecution
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62576

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