3 ms·

Should we then provide the defense access to the prosecution's evidence (and vice-versa)?

• whistlerbrk 11y ago
  That is always the case already, I believe. Prosecutors are not allowed to present evidence not made available to the defense.
  • dawnbreez 11y ago
    Parent comment points out that requiring a warrant makes it nigh-impossible to present the data as the defense. Law is a complex beast.
• dragonwriter 11y ago
  > Should we then provide the defense access to the prosecution's evidence (and vice-versa)? The issue goes beyond that, to providing the defense comparable ability to collect evidence to the prosecution. Giving the defense access to prosecution evidence doesn't help if the prosecution deliberately does not collect evidence that it believes would be exculpatory and the defense doesn't have comparable means to compel access to potential evidence.
• dtrizzle 11y ago
  In California: The DA must follow this rule: http://codes.findlaw.com/ca/penal-code/pen-sect-1054-1.html http://codes.findlaw.com/ca/penal-code/pen-sect-1054-1.html. The DA also has obligations under Brady v. Maryland: https://scholar.google.com/scholar_case?case=9550433126269674519 https://scholar.google.com/scholar_case?case=955043312626967... The defense must follow this rule: http://codes.findlaw.com/ca/penal-code/pen-sect-1054-3.html http://codes.findlaw.com/ca/penal-code/pen-sect-1054-3.html