I am studing a murder case where an attorney represents a client and leaves him in the dark as to what is happening in the case. I would like to know what are all the discoveries the court would present the private lawyer with, in order for him to build his case. This has to be specific like, Dna, witness statements, ect. (I know there are a few more but am unable to recall.)
2007-10-10 05:10:07 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The client would be required to be in court while the court was in session, so the client would know what was happening in the case.
As for discovery, the court does not present either side with anything. In the discovery phase of a case, each side is allowed to obtain information. We do this by deposing (verbally asking questions under oath), interrogatories (asking questions in writing), requests for documents, and requests for other evidence.
In a criminal case the police or arresting body must turn over a copy of their file to the defense. This file usually has the information on the probably cause or reason why this person was arrested. Those reasons can be DNA, physical evidence, pictures of the crime scene, witness statements, the defendants own statement under oath. The state prosecutor who is assigned to the case is required under law to make sure that the defense gets these items along with any new evidence that is disclosed.
In the real world the majority of prosecutors do excellent work in fairly providing the defense attorney with this discovery. However, as in every profession, there are a few prosecutors who want to win so bad that they will not disclose some material piece of evidence. If the defense finds out, the court will issue an order forcing the prosecutor to comply with the discovery laws.
2007-10-10 05:25:21 · answer #1 · answered by CatLaw 6 · 0⤊ 0⤋
The d.a. (prosecutor) is supposed to share all of their discovery with the defense attorney. and vice-versa. The attorney can make a motion for the discovery if he thinks he isn't getting everything.
2007-10-10 12:15:23 · answer #2 · answered by Flatpaw 7 · 0⤊ 0⤋
Discovery is any evidence or witnesses that the other side plans to use in court.
2007-10-10 12:17:02 · answer #3 · answered by Eisbär 7 · 0⤊ 0⤋
There may or may not be that kind of evidence. All discovery means is that they prosecutor has to reveal the evidence they have against the defendant. It may be very little, or it might be a lot.
2007-10-10 12:14:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋