Other Free Encyclopedias » Law Library - American Law and Legal Information » Crime and Criminal Law

Discovery - Judicial And Legislative Authority, Special Pressures In Criminal Discovery, The Central Demand For Reciprocity, Discovery Distinctions

defense civil called developments

Each party initially learns the facts of the case through its personal knowledge and investigation. As the trial approaches, a set of procedures, commonly called discovery, permit each side to require disclosure of certain aspects of the opponent's evidence. Whether in civil or criminal cases, the purposes of pretrial discovery are generally the same. Discovery of the opponent's case is thought to further the truth-seeking function of trials by avoiding surprise, sometimes colorfully called "trial by ambush." In addition, early disclosure of the strengths and weaknesses of the case facilitates negotiated settlement and, where appropriate, dismissal of baseless charges. Because discovery facilitates efficiency in litigation, it is believed to save resources.

Discovery in American courts is much less extensive in criminal cases than in civil, and it is somewhat asymmetrical in that greater discovery is provided for the defense than for the prosecution. These features are likely related to each other and each is in part a consequence of the constitutional rights protecting the criminal accused. Criminal discovery has, nevertheless, greatly expanded in the last third of the century. Expansion first concerned principally defense discovery from the prosecution, but in the last several decades, discovery from the defense has grown dramatically. The development and expansion of what is called reciprocal discovery—discovery provided to both defense and prosecution—is central to the considerable growth of discovery in criminal cases.

Interestingly, the federal system is not at the cutting edge of developments in criminal discovery. Instead, the movement has been led by the states, and it is perhaps the difficulty of tracking developments that occur in so many different jurisdictions that has resulted in relatively little attention being paid to the reasonably major changes in this field of criminal procedure.


Dispute Resolution Programs - History, Variety In Program Structures And Protocols, Critique, Bibliography [next] [back] Diminished Capacity - Historical Background, The Mens Rea Variant, The Partial Excuse Variant, A Generic Partial Excuse?

User Comments

Your email address will be altered so spam harvesting bots can't read it easily.
Hide my email completely instead?

Cancel or

Vote down Vote up

over 3 years ago

Thanks for your article, it can help me.
Really your post is really very good and I appreciate it.
It’s hard to sort the good from the bad sometimes,
You write very well which is amazing. I really impressed by your post.

Crystal X Mengatasi Keputihan
Keunggulan Produk Herbal Crystal X
Crystal X
Produk Terapi Untuk Suami Agar Istri Cepat Hamil
Cara Pemesanan Produk Crytal X
Cara Pemakaian Crystal X untuk Hasil Memuaskan
Crystal X Benar-Benar Aman
Khasiat Crystal X Merawat Organ Intim
Mengatasi Keputihan Dengan Crystal X
Peranan Crystal X Sebagai Pembunuh Bakteri Jahat
Fungsi Crystal X Untuk Memperlancar Menstruasi
Efek Samping Penggunaan Crystal X
Mengatasi Keputihan Dengan Crystal X
Cara Mengatasi Keputihan Tanpa Efek Samping