Criminal
Nov. 30, 2011
A criminal defendant’s pre-trial right to discovery: constitutional or not?
Courts take a divided view on what is the source of a criminal defendant's right to discovery.
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice, California Court of Appeal
UCLA School of Law, 1995
Criminal defendants routinely seek pre-trial discovery of evidence that exonerates them (commonly called "exculpatory evidence") and casts doubt upon the prosecutor's witnesses (commonly called "impeachment evidence"). These requests raise the question: Are criminal defendants constitutionally entitled to this discovery?
As it turns out, the answer depends on which court is asked. (All courts do, however, base their answer upon federal constitutional law - even if the defe...For only $95 a month (the price of 2 article purchases)
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