Difference between revisions of "Open File Discovery"
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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 | + | 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. |