Open File Discovery - Revision history

IBJadmin at 15:11, 8 November 2016

2016-11-08T15:11:29Z

← Older revision		Revision as of 17:11, 8 November 2016
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	Open file [[Discovery \| discovery]] is promoted in the United States as a means to help equalize the investigatory disparity between the prosecution and the defense attorney. <ref>http://blog.simplejustice.us/2007/11/22/open-file-discovery--better-but-not-perfect~~.aspx~~</ref> Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.		Open file [[Discovery \| discovery]] is promoted in the United States as a means to help equalize the investigatory disparity between the prosecution and the defense attorney. <ref>http://blog.simplejustice.us/2007/11/22/open-file-discovery-better-but-not-perfect/</ref> Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.

	Open file discovery is also the only means by which the state can guarantee due process to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]].		Open file discovery is also the only means by which the state can guarantee due process to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]].
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	==Example of Open File Discovery Statute from North Carolina==		==Example of Open File Discovery Statute from North Carolina==
	15A?903. Disclosure of evidence by the State - Information subject to disclosure.		� 15A?903. Disclosure of evidence by the State - Information subject to disclosure.

	(a) Upon motion of the defendant, the court must order the State to:		(a) Upon motion of the defendant, the court must order the State to:

Eeichler at 12:21, 13 August 2010

2010-08-13T12:21:18Z

← Older revision		Revision as of 14:21, 13 August 2010
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	Open file [[Discovery \| discovery]] is promoted in the United States as a means to help equalize the investigatory disparity between the prosecution and the defense attorney. <ref>http://blog.simplejustice.us/2007/11/22/open-file-discovery--better-but-not-perfect.aspx</ref> Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.		Open file [[Discovery \| discovery]] is promoted in the United States as a means to help equalize the investigatory disparity between the prosecution and the defense attorney. <ref>http://blog.simplejustice.us/2007/11/22/open-file-discovery--better-but-not-perfect.aspx</ref> Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.

	Open file discovery is also the only means by which the state can guarantee due process ~~criminal justice~~ to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]].		Open file discovery is also the only means by which the state can guarantee due process to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]].

	Disclosure must not only be complete, it must also be timely. Disclosure must be completed well in advance of trial so that the defense attorney has time to examine the evidence, test it, and prepare an adequate defense.		Disclosure must not only be complete, it must also be timely. Disclosure must be completed well in advance of trial so that the defense attorney has time to examine the evidence, test it, and prepare an adequate defense.

Eeichler at 12:19, 13 August 2010

2010-08-13T12:19:45Z

← Older revision		Revision as of 14:19, 13 August 2010
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	Open file [[Discovery \| discovery]] is promoted in the United States as ~~one~~ means ~~of helping~~ equalize the investigatory disparity between the prosecution and the defense attorney. <ref>http://blog.simplejustice.us/2007/11/22/open-file-discovery--better-but-not-perfect.aspx</ref> Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.		Open file [[Discovery \| discovery]] is promoted in the United States as a means to help equalize the investigatory disparity between the prosecution and the defense attorney. <ref>http://blog.simplejustice.us/2007/11/22/open-file-discovery--better-but-not-perfect.aspx</ref> Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.

	Open file discovery is also the only means by which the state can guarantee due process criminal justice to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]].		Open file discovery is also the only means by which the state can guarantee due process criminal justice to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]].

Ibjadmin at 14:01, 12 August 2010

2010-08-12T14:01:27Z

← Older revision		Revision as of 16:01, 12 August 2010
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	(c) Upon request by the State, a law enforcement or prosecutorial agency shall make available to the State a complete copy of the complete files related to the investigation of the crimes committed or the prosecution of the defendant for compliance with this section and any disclosure under G.S. 15A?902(a). (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1983, c. 759, ss. 1?3; 1983, Ex. Sess., c. 6, s. 1; 2001?282, s. 5; 2004?154, s. 4; 2007?183, s. 1; 2007?377, s. 1; 2007?393, s. 1.)		(c) Upon request by the State, a law enforcement or prosecutorial agency shall make available to the State a complete copy of the complete files related to the investigation of the crimes committed or the prosecution of the defendant for compliance with this section and any disclosure under G.S. 15A?902(a). (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1983, c. 759, ss. 1?3; 1983, Ex. Sess., c. 6, s. 1; 2001?282, s. 5; 2004?154, s. 4; 2007?183, s. 1; 2007?377, s. 1; 2007?393, s. 1.)

			----
			See [[Discovery]]

	==Notes==		==Notes==
	<references/>		<references/>

Ibjadmin at 13:56, 12 August 2010

2010-08-12T13:56:39Z

← Older revision		Revision as of 15:56, 12 August 2010
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	Disclosure must not only be complete, it must also be timely. Disclosure must be completed well in advance of trial so that the defense attorney has time to examine the evidence, test it, and prepare an adequate defense.		Disclosure must not only be complete, it must also be timely. Disclosure must be completed well in advance of trial so that the defense attorney has time to examine the evidence, test it, and prepare an adequate defense.


	==Example of Open File Discovery Statute from North Carolina==		==Example of Open File Discovery Statute from North Carolina==

Ibjadmin at 13:56, 12 August 2010

2010-08-12T13:56:31Z

← Older revision		Revision as of 15:56, 12 August 2010
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	Open file discovery is also the only means by which the state can guarantee due process criminal justice to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]].		Open file discovery is also the only means by which the state can guarantee due process criminal justice to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]].

			Disclosure must not only be complete, it must also be timely. Disclosure must be completed well in advance of trial so that the defense attorney has time to examine the evidence, test it, and prepare an adequate defense.

Ibjadmin at 13:54, 12 August 2010

2010-08-12T13:54:27Z

@@ Line 2: / Line 2: @@
 Open file discovery is also the only means by which the state can guarantee due process criminal justice to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material| Brady Rule]].
 ==Notes==
 <references/>

Ibjadmin at 13:23, 12 August 2010

2010-08-12T13:23:52Z

← Older revision		Revision as of 15:23, 12 August 2010
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	Open file discovery is promoted in the United States as one means of helping equalize the investigatory disparity between the prosecution and the defense attorney. <ref>http://blog.simplejustice.us/2007/11/22/open-file-discovery--better-but-not-perfect.aspx</ref> Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.		Open file [[Discovery \| discovery]] is promoted in the United States as one means of helping equalize the investigatory disparity between the prosecution and the defense attorney. <ref>http://blog.simplejustice.us/2007/11/22/open-file-discovery--better-but-not-perfect.aspx</ref> Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.

	Open file discovery is also the only means by which the state can guarantee due process criminal justice to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]].		Open file discovery is also the only means by which the state can guarantee due process criminal justice to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]].

Ibjadmin at 13:21, 12 August 2010

2010-08-12T13:21:37Z

← Older revision		Revision as of 15:21, 12 August 2010
Line 1:		Line 1:
	Open file discovery is promoted in the United States as one means of helping equalize the investigatory disparity between the prosecution and the defense attorney. <ref>http://blog.simplejustice.us/2007/11/22/open-file-discovery--better-but-not-perfect.aspx</ref> Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.		Open file discovery is promoted in the United States as one means of helping equalize the investigatory disparity between the prosecution and the defense attorney. <ref>http://blog.simplejustice.us/2007/11/22/open-file-discovery--better-but-not-perfect.aspx</ref> Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.

	Open file discovery is also the only means by which the state can guarantee due process criminal justice to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]]		Open file discovery is also the only means by which the state can guarantee due process criminal justice to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]].

	==Notes==		==Notes==
	<references/>		<references/>

Ibjadmin at 13:21, 12 August 2010

2010-08-12T13:21:25Z

← Older revision		Revision as of 15:21, 12 August 2010
Line 1:		Line 1:
	Open file discovery is promoted in the United States as one means of helping equalize the investigatory disparity between the prosecution and the defense attorney. <ref>http://blog.simplejustice.us/2007/11/22/open-file-discovery--better-but-not-perfect.aspx</ref> Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.		Open file discovery is promoted in the United States as one means of helping equalize the investigatory disparity between the prosecution and the defense attorney. <ref>http://blog.simplejustice.us/2007/11/22/open-file-discovery--better-but-not-perfect.aspx</ref> Under open file discovery, a defendant should have access to the prosecutor's entire file and there should never be any surprises at trial.

	Open file discovery is also the only means by which the state can guarantee due process criminal justice to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady ~~Rule~~ \| Brady ~~Material~~]]		Open file discovery is also the only means by which the state can guarantee due process criminal justice to defendants. It also eliminates the need for prosecutors to evaluate whether evidence is both material and exculpatory under the [[Brady Material\| Brady Rule]]

	==Notes==		==Notes==
	<references/>		<references/>