Prosecutors duty to disclose
The prosecutor is presumed to know everything that the police know, regardless of the failure of the police to bring the evidence to their attention. the prosecution must turn over to the defense names and locations information on prospective witnesses, defendant's statements, lists of any real evidence, the existence of a felony conviction on any material witness, any written or recorded statements of witnesses, statements of experts to be called and results of scientific examinations intended to be introduced at trial.
Defense duty to disclose
The defense must turn over the prosecution names and location information of witnesses, any written or recorded statements of those persons, reports, statements made by experts made in connection with the case. (except privilege information) results of scientific tests, real evidence the defendant intends to offer at trial.
Failure to comply with discovery laws.
Deliberate failure to turn over discoverable materials could result in a contempt citation and the levying of civil and criminal sanctions.
Example: In the Los Angeles murder trial O.J. Simpson, the prosecutor neglected to turn over to the defense the results of an FBI carpet fiber analysis conducted on Simpson's Ford Bronco. This evidence linked Simpson to the crime scene. Though this evidence was relevant, the magistrate ruled the prosecutor could not present it at trail.
If a trail has started, and it is determined the prosecutor failed to provide discoverable materials to the defense, the judge could declare a mistrial and dismiss the case.
Example: In the Los Angeles murder trial O.J. Simpson, the prosecutor neglected to turn over to the defense the results of an FBI carpet fiber analysis conducted on Simpson's Ford Bronco. This evidence linked Simpson to the crime scene. Though this evidence was relevant, the magistrate ruled the prosecutor could not present it at trail.
If a trail has started, and it is determined the prosecutor failed to provide discoverable materials to the defense, the judge could declare a mistrial and dismiss the case.
Exculpatory Evidence Defined
A victim is murdered by stabbing and an accused person is arrested for the murder. Evidence includes a knife covered with blood near the victim and the accused found covered in blood at the murder scene by the police. During the investigation, the police interview a witness claiming to have watched the stabbing occur. The witness makes a statement to the police claiming the stabbing was by another unknown person, not the accused.
The witness's statement is exculpatory evidence, since it could introduce reasonable doubt as to the guilt of the accused. The police believe the witness's account is not true or the witness is unreliable and choose to not follow up on the lead.
The prosecutor is obliged to inform the accused and their attorney of the witness statement even if the police doubt the witness's version of events. If they fail to do so, the defendant would have grounds for appeal or for a motion to dismiss.
The witness's statement is exculpatory evidence, since it could introduce reasonable doubt as to the guilt of the accused. The police believe the witness's account is not true or the witness is unreliable and choose to not follow up on the lead.
The prosecutor is obliged to inform the accused and their attorney of the witness statement even if the police doubt the witness's version of events. If they fail to do so, the defendant would have grounds for appeal or for a motion to dismiss.
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