The prosecutor must release information that raises substantial doubts about the accuracy of any evidence, including, but not limited to, the testimony of a witness. Before delving into the discovery process, it's important to understand the role that the Constitution assigns to the district attorney. The function of the prosecution is to enforce the law, it is not necessary to obtain convictions. The prosecutor's role is to seek justice and that of the defense attorney is to protect the defendant from the State. The Constitution imposes obligations on the district attorney depending on the difference between these two objectives.
An example of this is the case of Brady v. In that case, the Supreme Court of the United States noted that the prosecutor has an obligation to reveal evidence discovered during police investigations that tend to show that the defendant did not commit the crime or that another person did. This means that almost any information discovered by a police investigation must be turned over to the defense attorney. It is important to consider this obligation when analyzing the discovery process.
Both the defense and the prosecutor can call witnesses to testify or say what they know about the situation. Prosecutors are encouraged to opt for inclusivity in identifying members of the prosecution team for discovery purposes. In cases where there is voluminous evidence obtained from third parties, prosecutors should consider allowing the defense access to the voluminous documents to avoid the possibility that, in a well-intentioned review process, material evidence that may be discovered will not be identified. Unlike civil cases, where much of the evidence is documentary, criminal cases often have several types of physical evidence that the state must keep. On December 9, 1996, the Attorney General published a policy regarding the disclosure to prosecutors of possible impeachment data relating to witnesses from law enforcement agencies (Giglio policy).
Government attorneys must consider the public's right to attend court proceedings and the Department's obligation to administer justice fairly. Material differences in a witness's statements must be remembered, even if they are within the same interview, and must be provided to the defense as information from Giglio. Prior to disclosure, prosecutors should consult with the investigative agency to assess such risks and develop a strategy to address those risks or minimize them to the extent possible, in accordance with discovery obligations. After the first appearance, the defendant's primary objective should be to hire an experienced criminal defense attorney.
However, potential impeachment information has generally been defined as impeachment information that is important to the defense. Therefore, this early discovery is also a good opportunity for the defense attorney to be able to trace evidence throughout the investigation. But before the defense attorney is ready to challenge the evidence, that evidence must be received, reviewed, and discussed with the defendant. If the electronic communication contains confidential information, the prosecutor should consider filing a request for a protection order, seeking approval from a supervisor to delay disclosure, making appropriate drafting, summarizing the content of an electronic communication in a letter instead of disclosing the electronic communication itself, or taking other safeguarding measures.
Known but not accused criminal conduct (which may be an incentive to win the favor of a prosecutor). As a general rule, and taking into account the facts and circumstances of individual cases, prosecutors must provide comprehensive information related to forensic scientific evidence, as described here. Defendants usually provide information such as witness lists and summaries of statements, any alibi information, and any results of the evidence conducted by the defense.
