what is a discovery?

Question

in court , law and police facts what is a discovery? is it the evidence that the accussing part has against someone that has comited a felony ?

Answer 1

Discovery is the process by which the prosecution turns over all evidence to the defense that it has collected during its investigation. This includes both evidence that may rule in and rule out the suspect. The prosecutor must turn over all evidence, whether it be good or bad for their side. Only when its done it transparently do we have have a fair and open prosecution. The prosecutor has to show all the evidence, while the defense does not. It's all pretty much one sided, because the prosecution has to prove its case "beyond a reasonable doubt" It's an adversarial system, but it's the best in the world.

Answer 2

Discovery is actually a phase in the pretrial process. It is when the prosecution is required to turn over evidence to the defense counsel. What evidence is required to be turned over will vary by jurisdiction. Some states have only partial discovery. The prosecution must turn over only that evidence that they determine has potential exculpatory value. That means it might show the defendant is not guilty. Other jurisdictions have "open discovery" which means the prosecutor must turn over all the evidence, notes, investigative interviews, etc. that are in the case file and could possibly be used in the prosecution whether it favors the defendant or not.

Answer 3

The rule of discovery means that the prosecution must turn over to the defense copies of any and all evidence it has against the accused. Note this only works one way; the defense is not required to turn its evidence over to the prosecutor

Answer 4

I understand that this applies to criminal cases and it means withholding crucial information by either the defense and/or prosecutor, but mainly to the prosecution.