Add to ORKGThe prosecution has a legitimate interest in discovering all relevant facts to present the strongest possible case at trial and to meet the defendant\u27s case. Despite that interest, in most jurisdictions the prosecution may discover only the evidence which the defendant intends to present at trial. Even such limited discovery has been the subject of sharp constitutional attack. The author argues that far broader prosecutorial discovery is constitutionally permissible. The prosecution should be able to discover all relevant facts useful in testing defense evidence and any documents or tangible things (for example, the murder weapon) which strengthen the prosecution\u27s case if the prosecution could have obtained them by seizure if it only...
Why not criminal discovery? This question has been posited by legal scholars and learned jurists ali...
When a constitutional right conflicts with an evidentiary rule that would otherwise allow a piece of...
As presently construed, the Constitution does not prohibit the death penalty. The states and the fed...
This Article examines the constitutional issues surrounding the prosecution\u27s interest in the dis...
Unlike rules governing discovery in civil cases, which require that the two sides exchange most info...
Generally under the law a litigant is entitled to every person\u27s evidence in order to pursue a cl...
After the exoneration of more than 200 people based on post-conviction DNA evidence, a growing movem...
In general, discovery is far narrower in federal criminal cases than in federal civil litigation. Un...
This comment asserts that a prosecutor's office may charge privately-retained defense counsel for th...
Parties litigant desire to obtain before trial all possible information relevant to the matter in is...
This article explores the tension in modern criminal procedure between the goal of ascertaining the ...
To what extent does the First Amendment limit the ability of prosecutors to offer evidence of a defe...
In United States v. Agurs, the U.S. Supreme Court held for the first time that criminal prosecutors ...
This Article isolates only two of the many aspects of the Court\u27s labors affecting the acquisitio...
Although its theoretical basis may be disputed, nobody questions the proposition that a person charg...
Why not criminal discovery? This question has been posited by legal scholars and learned jurists ali...
When a constitutional right conflicts with an evidentiary rule that would otherwise allow a piece of...
As presently construed, the Constitution does not prohibit the death penalty. The states and the fed...
This Article examines the constitutional issues surrounding the prosecution\u27s interest in the dis...
Unlike rules governing discovery in civil cases, which require that the two sides exchange most info...
Generally under the law a litigant is entitled to every person\u27s evidence in order to pursue a cl...
After the exoneration of more than 200 people based on post-conviction DNA evidence, a growing movem...
In general, discovery is far narrower in federal criminal cases than in federal civil litigation. Un...
This comment asserts that a prosecutor's office may charge privately-retained defense counsel for th...
Parties litigant desire to obtain before trial all possible information relevant to the matter in is...
This article explores the tension in modern criminal procedure between the goal of ascertaining the ...
To what extent does the First Amendment limit the ability of prosecutors to offer evidence of a defe...
In United States v. Agurs, the U.S. Supreme Court held for the first time that criminal prosecutors ...
This Article isolates only two of the many aspects of the Court\u27s labors affecting the acquisitio...
Although its theoretical basis may be disputed, nobody questions the proposition that a person charg...
Why not criminal discovery? This question has been posited by legal scholars and learned jurists ali...
When a constitutional right conflicts with an evidentiary rule that would otherwise allow a piece of...
As presently construed, the Constitution does not prohibit the death penalty. The states and the fed...