One of the most crucial elements of any case, criminal or civil, is the discovery process. Previously, I discussed witness statements here: https://www.jasonalarid.com/witness-interviews/ which is just one aspect of discovery. In a criminal case, pursuant to Court Rules:
the state shall disclose or make available to the defendant:
(1) any statement made by the defendant, or codefendant, or copies thereof, within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the district attorney;
(2) the defendant’s prior criminal record, if any, as is then available to the state;
(3) any books, papers, documents, photographs, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the state, and which are material to the preparation of the defense or are intended for use by the state as evidence at the trial, or were obtained from or belong to the defendant;
(4) any results or reports of physical or mental examinations, and of scientific tests or experiments, including all polygraph examinations of the defendant and witnesses, made in connection with the particular case, or copies thereof, within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known to the prosecutor;
(5) a written list of the names and addresses of all witnesses which the prosecutor intends to call at the trial, identifying any witnesses that will provide expert testimony and indicating the subject area in which they will testify, together with any statement made by the witness and any record of prior convictions of any such witness which is within the knowledge of the prosecutor; and
(6) any material evidence favorable to the defendant which the state is required to produce under the due process clause of the United States Constitution.
What does this mean in reality? See Pt. 2 next week.
English