Criminal
Feb. 3, 2004
Prosecution and Defense Have Different Disclosure Obligations
Focus Column - Criminal Law - By Thomas Havlena - California has had "reciprocal" criminal discovery since June 1990. See Penal Code Section 1054.7 (requiring disclosures 30 days before trial). Yet despite what the term "reciprocal" implies, the law compels different conduct from the prosecutor than from defense counsel. For example, prosecutors typically provide more than they are entitled to receive; on the other hand, defense disclosure obligations often arise on the eve of, or during, trial.
Criminal Law
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