Discovery

From Criminal Defense Wiki
Jump to navigationJump to search

Background

Discovery is the process by which a prosecutor, court investigator, judge and defendant share information. The purpose of discovery is to eliminate "trial by surprise", increase efficiency in court proceedings by focusing the trial on the factual disputes between parties, and produce fairer and more accurate outcomes.

Discovery in Civil Law Systems

Discovery in the civil law systems is dramatically simplified in comparison to the hodge podge of common law rules associaited with common law jurisdictions such as the United States. In France, for instance, the defense attorney may review the entire "dossier" during several phases of the investigatory stage of the criminal justice proceedings. Although the exact rules on when a defendant can review the dossier varies in France depending on the court, the general rule is that the defense may review the entire file prior to trial.

Discovery in Common Law Systems

Prior to the 1930s, pre-trial discovery was rarely ordered by the courts and only came about by a process of mutual agreement between the prosecution and the criminal defense attorney. However, after the 1930s many states began to fashion discovery statutes which provided for compulsory discovery measures. These statutes, which borrowed heavily from civil law discovery procedures,