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discovery, prosecution, defense


The prosecution has a legitimate interest in discovering all relevant facts to present the strongest possible case at trial and to meet the defendant's 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's case if the prosecution could have obtained them by seizure if it only knew their location.

Publication Citation

23 San Diego Law Review 993 (1986).


Criminal Law

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Criminal Law Commons