what does prosecutor half to disclose to defense attorney of all discovery

RPC 3.8 (d) compels prosecutor to make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense and, in connection with sentencing, disclose to the defense and to the tribunal all mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.

Full Answer

Do prosecutors have to disclose evidence to defendants before trial?

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.

Do discovery rules really help defendants at trial?

Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial. Are discovery rules really intended to help defendants at trial? Not exclusively.

Can prosecutors disclose all discovery on the eve of trial?

Prosecutors can't disclose all discovery on the eve of trial, but on the other hand, they don't have to divulge it all way ahead of time. Discovery can unfold gradually.

How do you evaluate discovery obligations in criminal cases?

By evaluating discovery obligations pursuant to the methodical and thoughtful approach set forth in this guidance and taking advantage of available resources, prosecutors are more likely to meet their discovery obligations in every case and in so doing achieve a just and final result in every criminal prosecution.

What is the process through which defendants find out about the prosecution's case?

Why is discovery important?

Is there a particular period of time prior to trial when the defense is supposed to engage in discovery?

Can prosecutors hand over witness statements?

Can a prosecutor examine evidence?

Do you have to turn over work product to a defendant?

Does surprise evidence lead to poor justice?

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What must be provided to the defense during discovery?

In a criminal prosecution, discovery can include a wide range of items that are often crucial for your defense, such as: all the hard evidence in the case, such as physical evidence; exculpatory evidence that could be favorable to your defense; witness statements and depositions from police.

Does the defense have to disclose evidence us?

Under California law, the defense is required to turn over specific information to the prosecution. In criminal cases, the prosecution has an obligation under the constitution to turn over what is known as Brady material.

What type of evidence must always be turned over by the prosecutor?

what types of evidence must the prosecutor turn over to the defense in virtually all jurisdictions? all exculpatory evidence and any prior inconsistent statements made by witnesses.

What are the ethical obligations of a prosecutor?

The prosecutor should seek to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants.

What is the Giglio rule?

Under the law, prosecutors must disclose any evidence that could call into question the. credibility of an individual testifying in trial or impede an investigation. This constitutional requirement applies to all witnesses, including law enforcement officers, in order to ensure a defendant gets a fair trial.

What type of evidence tends to show innocence of the accused and must be disclosed?

Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt.

What is one reason prosecutors may decide to dismiss cases?

After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.

What kind of evidence tends to prove a defendant's innocence?

Lesson Summary. Exculpatory evidence is any reasonable evidence that tends to show the defendant's innocence.

What is the Brady rule?

The Brady rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

Which of the following is an example of prosecutorial misconduct?

Failing to turn over exculpatory evidence. Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.

What are the rules of prosecutor?

Prosecutors shall, in accordance with the law, perform their duties fairly, consistently and expeditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system.

What are the motions demanding the prosecutor reveal exculpatory information called?

What are the motions demanding the prosecutor reveal exculpatory information called? confidentiality.

Does the defense have to disclose evidence UK?

Defence disclosure. 7. Section 33 CJA 2003 inserted section 6A into the CPIA, requiring a defendant in all trials before the Crown Court to disclose details of their defence. It is a voluntary process in cases to be heard by magistrates.

What is the Brady doctrine?

The Brady rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

Does exculpatory evidence mean?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. See also Brady Rule.

What does demand for reciprocal discovery mean?

Reciprocal Discovery is a principle of criminal procedure that requires the defendant to give the prosecution copies of any pretrial statements that a defense witness gave during discovery.

Can Prosecutors Spring Evidence on Defendants Like They Do on TV?

No. In the past, prosecutors could guard evidence fromdefendants with the same fervor toddlers show in protecting toy trucks anddolls from their si...

Are Discovery Rules Really Intended to Help Defendants at Trial?

Not exclusively. Sure, advance disclosure promotes fairertrial outcomes, but it also promotes case settlement, which saves judicial timeand resourc...

Does Discovery Mean That The Prosecution Has to Reveal Its Case Strategy?

No. Discovery rules generally distinguish between rawinformation like names of witnesses, police reports, and drug or alcohol testresults, and atto...

Is There A Particular Period of Time Prior to Trial When The Defense Issupposed to Engage in Discovery?

Not really. Prosecutors can’t disclose all discovery on theeve of trial, but on the other hand, they don’t have to divulge it all way aheadof time....

How long does the prosecution have to hand over discovery evidence in ...

Everyone has seemed to hit the nail on the head. There is no set time for discovery to be exchange. Depending on how busy the prosecutor's office is, how busy the court dockets are and the overall volume, it may not get exchanged until the pretrial.

165. Guidance for Prosecutors Regarding Criminal Discovery

January 4, 2010. MEMORANDUM FOR DEPARTMENT PROSECUTORS. FROM: David W. Ogden Deputy Attorney General. SUBJECT: Guidance for Prosecutors Regarding Criminal Discovery The discovery obligations of federal prosecutors are generally established by Federal Rules of Criminal Procedure 16 and 26.2, 18 U.S.C. § 3500 (the Jencks Act), Brady v.Maryland, 373 U.S. 83 (1963), and Giglio v.

Does the Defense Have to Disclose Evidence to the Prosecution?

Under California law, the defense is required to turn over specific information to the prosecution. In criminal cases, the prosecution has an obligation under the constitution to turn over what is known as Brady material.

Guilt By Omission: When Prosecutors Withhold Evidence Of Innocence

Prosecutors are obliged to turn over evidence that could exonerate a defendant. But if that evidence never makes it to trial, for whatever reason, quite often nobody will ever know.

Failure to provide defense with discovery. - Legal Answers - Avvo

There are many remedies available in California. The court can hold the DA in contempt for failing to turn over the discovery, can continue the proceedings to accommodate the late disclosure or lack of disclosure, prohibit the DA from presenting testimony of the witness to whom the evidence relates, prohibit the DA from presenting real evidence about which the discovery relates.

What is discovery in criminal law?

Discovery is the process through which defendants find out about the prosecution’s case. For example, through standard discovery procedure, they can:

Why is advance disclosure important?

Not exclusively. Sure, advance disclosure promotes fairer trial outcomes, but it also promotes case settlement, which saves judicial time and resources. If a guilty defendant finds out before trial that the prosecution has a particularly strong case, that defendant will be more likely to plead guilty and save the government the hassle of trying the case. Discovery is likely a significant reason why at least 90% of criminal cases settle before trial.

Is there a particular period of time prior to trial when the defense is supposed to engage in discovery?

Not really. Prosecutors can’t disclose all discovery on the eve of trial, but on the other hand, they don’t have to divulge it all way ahead of time. Discovery can unfold gradually. For example, a defendant’s attorney might receive a copy of the police report at the first court appearance, but might not receive a prosecution expert’s written analysis of blood evidence until shortly before trial.

Can a prosecutor examine evidence?

Traditionally, the prosecutor wasn’t entitled to information about a defendant’s case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.

Can prosecutors hand over witness statements?

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. Now the view that advance disclosure will promote fairer trials has taken hold—if defense attorneys know ahead of time what to expect, they can better defend their clients.

Does surprise evidence lead 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. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

Does discovery mean that the prosecution has to reveal its case strategy?

No. Discovery rules generally distinguish between raw information like names of witnesses, police reports, and drug or alcohol test results, and attorney theories and strategies. The latter is called “work product.” Prosecutors don’t have to turn over their work product to defendants—otherwise, it just wouldn’t be fair. Lawyers would be incentivized to hide their work or do less of it

How long did the prosecution have to find out about 911?

In this particular case, the prosecution learned about the existence of a 911 call some 14 months after receiving the defense’s discovery request. The 911 call was recorded on the date of the defendant’s alleged crime. The prosecution subsequently requested and obtained a copy of the 911 call and turned a copy over to the defense.

What court did the prosecution appeal the 911 call?

The prosecution appealed the judge’s ruling to an intermediate court of appeals. The intermediate court determined the “as soon as practicable” requirement was not triggered, as the defense attorney’s initial e-mail to the prosecution did not directly reference the applicable statute “and did not designate any items sought to be produced.” The state was therefore never under any obligation to produce the 911 call at all.

Did the trial judge buy the argument to exclude the call?

The trial judge did not buy this argument and granted the motion to exclude the call. The judge said it was up to the prosecution, not the defense, to “ascertain what discoverable evidence was held by the sheriff’s office and disclose it as soon as practicable.” The prosecution could therefore not use the fact that 14 months elapsed as justification for delayed discovery.

Can a defendant advance a legal theory on appeal?

There is a basic rule in criminal defense law that a defendant cannot advance a legal theory on appeal if they did not raise the same argument during the trial. The reason for this is simple: An appeals court is there to review possible legal errors made by the trial judge, not retry the entire case from scratch. This rule equally applies to prosecutors as well.

Who can help you get a fair trial in Houston?

Prosecutors need to play by the same rules as defendants when it comes to a criminal trial. An experienced Houston criminal defense attorney can help make sure you receive a fair trial. So if you have been charged with a criminal offense and need legal representation, contact the Law Offices of Tad Nelson & Associates today.

Did the Texas Court of Criminal Appeals make a mistake?

Indeed, the Texas Court of Criminal Appeals recently held an intermediate appeals court made a mistake when it overruled a trial judge’s ruling in favor of a defendant based on a legal theory the prosecution “did not raise at trial or on appeal.”

What is the duty of the state in discovery?

State – Clearly Interprets the Duty of the State in Discovery. Prosecutors in Texas must disclose almost all of the evidence in their possession to the defense. Disclosure is the rule and not the exception in Texas. 1 Section 39.14 (a) of the Texas Code of Criminal Procedure requires the prosecution to disclose anything ...

What is the standard for determining whether a trial court abused its discretion in this way?

The standard for determining whether a trial court abused its discretion in this way was whether the judge’s ruling deprived the defendant of access to evidence that was material to the defendant’s defense. 10 “Material,” in this sense, was defined “’under Texas law in the due process terms employed by the Supreme Court in United States v. Agurs .’” 11 This meant that a trial judge abused his or her discretion in refusing to order the disclosure of evidence when it was exculpatory in nature. 12

What was the discovery request in the case of Watkins?

In Watkins, the defense counsel sent a discovery request to the prosecutor pursuant to § 39.14 asking for, “any other tangible things not otherwise privileged that constitute or contain evidence material to any matter involved in the case.” 14 He “also requested notice of the State’s intent to offer any extraneous offenses, which the prosecution provided.” 15 Watkins was convicted of second-degree possession of a controlled substance, and during the punishment phase of trial, the state sought to introduce 34 exhibits for the purpose of proving up Watkins’ prior felony convictions for enhancement purposes. 16 The defense objected—the prosecutor did not disclose the exhibits to the defense because he did not believe Article 39.14 applied to punishment. 17 The Trial court overruled the objection, allowing the evidence to be admitted. 18

Does Maryland require evidence to meet materiality requirements?

Maryland. In fact, for some types of evidence, the statute does not require the evidence to meet any materiality requirement. 4 According to § 39.14 (h), evidence tending to negate the guilt or mitigate the punishment of a defendant must be disclosed, regardless of whether the evidence is considered material or requested by the defense. 5.

Does Texas have a non disclosure requirement?

In short, the Court laid out the history of Article 39.14 explained above, and it clearly established that Texas now has disclosure requirements that track the spirit of the Michael Morton Act. 19

What is the prosecution not required to disclose?

Under CRCP 16 (1) (I) (e), the prosecution is not required to disclose the legal research, records, correspondence, reports, or memoranda of the prosecuting attorney (or their staff), if they contain their opinions, theories or conclusions. In short, while the prosecution is required to disclose all evidence and official findings, they are allowed to keep their own work product confidential. As well, the prosecution is not required to disclose the identity of a confidential informant. However, in some cases, and with the assistance of an experienced Denver criminal defense attorney, these issues can be litigated – Krizman Law can help.

How do you get Discovery?

However, anyone who has an interest in a Colorado criminal case can use Colorado’s open records laws, the Colorado Open Records Act (CORA) and the Colorado Criminal Justice Records Act (CCJRA), to request discovery. To do so, submit a Criminal Justice Records Request Form and submit it to the DA in your case. While it may seem logical to request discovery from the police department, the District Attorney will be in possession of the most comprehensive file related to your case. As an experienced Denver criminal defense attorney, Casey Krizman knows how to acquire all relevant discovery in your case and will ensure that the prosecution fulfills its obligations to disclose evidence in your case.

What are the discovery obligations of a federal prosecutor?

The discovery obligations of federal prosecutors are generally established by Federal Rules of Criminal Procedure 16 and 26.2, 18 U.S.C. § 3500 (the Jencks Act), Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972). In addition, the United States Attorney's Manual describes the Department's policy for disclosure of exculpatory and impeachment information. See JM 9-5.001. In order to meet discovery obligations in a given case, Federal prosecutors must be familiar with these authorities and with the judicial interpretations and local rules that discuss or address the application of these authorities to particular facts. In addition, it is important for prosecutors to consider thoroughly how to meet their discovery obligations in each case. Toward that end, the Department has adopted the guidance for prosecutors regarding criminal discovery set forth below. The guidance is intended to establish a methodical approach to consideration of discovery obligations that prosecutors should follow in every case to avoid lapses that can result in consequences adverse to the Department's pursuit of justice. The guidance is subject to legal precedent, court orders, and local rules. It provides prospective guidance only and is not intended to have the force of law or to create or confer any rights, privileges, or benefits. See United States v. Caceres, 440 US. 741 (1979).

When should a prosecutor consider potential discovery obligations?

Prosecutors should begin considering potential discovery obligations early in an investigation that has national security implications and should also carefully evaluate their discovery obligations prior to filing charges.

Why is it important for the prosecution to be inclusive?

Carefully considered efforts to locate discoverable information are more likely to avoid future litigation over Brady and Giglio issues and avoid surprises at trial.

Why is it important to provide broad and early discovery?

Considerations Regarding the Scope and Timing of the Disclosures: Providing broad and early discovery often promotes the truth-seeking mission of the Department and fosters a speedy resolution of many cases. It also provides a margin of error in case the prosecutor's good faith determination of the scope of appropriate discovery is in error. Prosecutors are encouraged to provide broad and early discovery consistent with any countervailing considerations. But when considering providing discovery beyond that required by the discovery obligations or providing discovery sooner than required, prosecutors should always consider any appropriate countervailing concerns in the particular case, including, but not limited to: protecting victims and witnesses from harassment or intimidation; protecting the privacy interests of witnesses; protecting privileged information; protecting the integrity of ongoing investigations; protecting the trial from efforts at obstruction: protecting national security interests; investigative agency concerns; enhancing the likelihood of receiving reciprocal discovery by defendants; any applicable legal or evidentiary privileges; and other strategic considerations that enhance the likelihood of achieving a just result in a particular case. In most jurisdictions, reports of interview (ROIs) of testifying witnesses are not considered Jencks material unless the report reflects the statement of the witness substantially verbatim or the witness has adopted it. The Working Group determined that practices differ among the USAOs and the components regarding disclosure of ROIs of testifying witnesses. Prosecutors should be familiar with and comply with the practice of their offices.

What is the purpose of the discovery guidance?

The guidance is intended to establish a methodical approach to consideration of discovery obligations that prosecutors should follow in every case to avoid lapses that can result in consequences adverse to the Department's pursuit of justice . The guidance is subject to legal precedent, court orders, and local rules.

When should exculpatory information be disclosed?

Timing: Exculpatory information, regardless of whether the information is memorialized, must be disclosed to the defendant reasonably promptly after discovery. Impeachment information, which depends on the prosecutor's decision on who is or may be called as a government witness, will typically be disclosed at a reasonable time before trial to allow the trial to proceed efficiently. See JM 9-5.001. Section 9-5.001 also notes, however, that witness security, national security, or other issues may require that disclosures of impeachment information be made at a time and in a manner consistent with the policy embodied in the Jencks Act. Prosecutors should be attentive to controlling law in their circuit and district governing disclosure obligations at various stages of litigation, such as pre-trial hearings, guilty pleas, and sentencing.

What are the responsibilities of a prosecutors?

Rules of Professional Conduct in most jurisdictions also impose ethical obligations on prosecutors regarding discovery in criminal cases. Prosecutors are also reminded to contact the Professional Responsibility Advisory Office when they have questions about those or any other ethical responsibilities.

What is the process through which defendants find out about the prosecution's case?

Discovery is the process through which defendants find out about the prosecution's case. 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.

Why is discovery important?

Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.

Is there a particular period of time prior to trial when the defense is supposed to engage in discovery?

Not really. Prosecutors can't disclose all discovery on the eve of trial, but on the other hand, they don't have to divulge it all way ahead of time. Discovery can unfold gradually. For example, a defendant's attorney might receive a copy of the police report at the first court appearance, but might not receive a prosecution expert's written analysis of blood evidence until shortly before trial.

Can prosecutors hand over witness statements?

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. Now the view that advance disclosure will promote fairer trials has taken hold—if defense attorneys know ahead of time what to expect, they can better defend their clients.

Can a prosecutor examine evidence?

Traditionally, the prosecutor wasn't entitled to information about a defendant's case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.

Do you have to turn over work product to a defendant?

The latter is called "work product.". Prosecutors don't have to turn over their work product to defendants —otherwise, it just wouldn't be fair.

Does surprise evidence lead 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. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.