PowerPoint Presentation- Ways of Presenting Evidence
| aj3_chp_2.ppt |
Discovery
—Is the right of the defense or prosecution to examine reports, notes, witness statements, etc, or any other evidence held by the other side in preparation for trial Purposes:
Promote the ascertainment of truth in trials by requiring timely pretrial discovery Save court time Protect victims and witnesses from danger, harassment, and undue delay of proceedings. Mutual disclosure of information shall be made 30 days prior to trial unless “good cause” exists. Prosecution’s duty to disclose – extends to all evidence that reasonably appears favorable to the accused. Defense duty to disclose – all information regarding witnesses, statements of same, statements & reports from experts, results of scientific tests and lists of real evidence.
Failure to comply – court can apply sanctions to either side. Could be held in contempt and evidence could be excluded
Pitchess Motion: (1538.5)
—Discovery of peace officer personnel records. Deft has the right to discover names of persons who have filed past citizen complaints against an officer, include: —Use of force —Unlawful arrest —Illegal search --Falsification of police reports —Etc —Judge determines what is relevant to current case, defense must lay a foundation & show good cause
—If the Pitchess motion is granted – Is held outside the presence of both counsel Judge reviews any complaints in the personal file If relevant info. is found judge will order release to the defense Defense not entitled to records over 5 years old without showing of exculpatory value (evidence tending to prove guiltless or blameless)
What is a Pitchess Motion ??? A Pitchess Motion is filed by a defense attorney to force the police to produce information about the police officers which will help the defendant and which is negative towards the police. Citizen complaints*, on the job discipline and other information must be provided. A California Pitchess motion is a request for information contained in an officer's personnel file. Criminal defense lawyers typically raise this motion when they believe that their client has been the victim of police misconduct.A Pitchess motion is a request made by a defendant in a criminal action for access to information in the personnel file of an arresting police officer. The name “Pitchess” comes from a 1974 California Supreme Court case, Pitchess v. Superior Court, 11 Cal. 3d 531 (Cal. 1974). The Pitchess process is now codified in California Evidence Code Sections 1043-47The theory underlying a Pitchess motion is that a defendant should be entitled to any information that is relevant to his/her defense. If the arresting officer’s personnel file contains information that might bear on the defendant’s claim that the officer had engaged in misconduct, as a matter of fairness, the defendant should have access to that information. However both the legislature and the courts have recognized that the police officer whose records are sought has an equally compelling interest in maintaining the privacy of his/her personnel file. Therefore the Pitchess hearing process prescribed by law tries to ensure an appropriate balance of these two competing interest
Brady Material
da.co.la.ca.us/sd02-08.htm
Promote the ascertainment of truth in trials by requiring timely pretrial discovery Save court time Protect victims and witnesses from danger, harassment, and undue delay of proceedings. Mutual disclosure of information shall be made 30 days prior to trial unless “good cause” exists. Prosecution’s duty to disclose – extends to all evidence that reasonably appears favorable to the accused. Defense duty to disclose – all information regarding witnesses, statements of same, statements & reports from experts, results of scientific tests and lists of real evidence.
Failure to comply – court can apply sanctions to either side. Could be held in contempt and evidence could be excluded
Pitchess Motion: (1538.5)
—Discovery of peace officer personnel records. Deft has the right to discover names of persons who have filed past citizen complaints against an officer, include: —Use of force —Unlawful arrest —Illegal search --Falsification of police reports —Etc —Judge determines what is relevant to current case, defense must lay a foundation & show good cause
—If the Pitchess motion is granted – Is held outside the presence of both counsel Judge reviews any complaints in the personal file If relevant info. is found judge will order release to the defense Defense not entitled to records over 5 years old without showing of exculpatory value (evidence tending to prove guiltless or blameless)
What is a Pitchess Motion ??? A Pitchess Motion is filed by a defense attorney to force the police to produce information about the police officers which will help the defendant and which is negative towards the police. Citizen complaints*, on the job discipline and other information must be provided. A California Pitchess motion is a request for information contained in an officer's personnel file. Criminal defense lawyers typically raise this motion when they believe that their client has been the victim of police misconduct.A Pitchess motion is a request made by a defendant in a criminal action for access to information in the personnel file of an arresting police officer. The name “Pitchess” comes from a 1974 California Supreme Court case, Pitchess v. Superior Court, 11 Cal. 3d 531 (Cal. 1974). The Pitchess process is now codified in California Evidence Code Sections 1043-47The theory underlying a Pitchess motion is that a defendant should be entitled to any information that is relevant to his/her defense. If the arresting officer’s personnel file contains information that might bear on the defendant’s claim that the officer had engaged in misconduct, as a matter of fairness, the defendant should have access to that information. However both the legislature and the courts have recognized that the police officer whose records are sought has an equally compelling interest in maintaining the privacy of his/her personnel file. Therefore the Pitchess hearing process prescribed by law tries to ensure an appropriate balance of these two competing interest
Brady Material
da.co.la.ca.us/sd02-08.htm
