0
The process of discovery in court is where the government present its evidence to the defense, and vice versa.
Wiki User
∙ 11y ago
Add your answer:
Earn +20 pts
What does an amended discovery brady material mean in a criminal case?
Amended discovery means additional discovery or amended discovery that the district attorney, generally, provides. Brady material refers to any evidence tending to show that the defendant is not guilty.
What happens in a case where the prosecution lost criminal files or evidence?
Then that evidence can not be introduced in to court. They can not say "Well, we had evidence...".
Is the discovery law applicable to kidnapping cases?
"Discovery" is the legal word used to describe the procedure for finding out the other party's evidence. The "discovery" process is applicable in ALL criminal cases.
What is the study of evidence using teeth in a criminal case?
Forensic Dentistry.
What stage of the criminal justice process serves as a discovery function for the defense?
"Discovery" is conducted in the pre-trial phase of the court case.
Can evidence be submitted after case has been tried?
Not to the original case - THAT case is over and done with. However, you may file a motion to RE-OPEN the case, or you can file an appeal to the case based on the discovery of new evidence.
What is discovery motion?
A motion for discovery is when a request is put in to the court to order the opposing part to produce discovery materials. Depending on whether the matter is a criminal or civil case discovery materials vary.
What does amend criminal information mean?
The "information" of a criminal case refers to the investigation, evidence, and other material on which the prosecution is basing its prosecution. "Amended" information consists of additional facts, usually disclosed by further investigation or discovery, and added to the original case.
What is the time called when both sides gather evidence and check facts about the case?
Discovery
What is inevitable discovery?
In a criminal procedure, the inevitable discovery rule allows evidence of a defendant's guilt to be admitted as evidence in a trial. The exclusionary rule judges the admissibility of evidence and under the constitutional law, the evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. In simple terms, the inevitable discovery exception to the exclusionary rule allows into evidence illegally seized items that would have been discovered lawfully anyway. This exception allows evidence to be admitted, even though it was seized in violation of the Constitution. In order to successfully assert the inevitable discovery exception, some courts require that the prosecution demonstrate that the police were in the process of actively pursuing a lawful investigation that would have led inevitably to the discovery of the evidence at the time that the evidence was illegally obtained.
Do they use discovery more in civil cases or criminal?
Discovery is an important phase in both civil and criminal court cases. This is the process by which the defense gets access to the evidence being presented against the defendant so that the defense can address the information in court.
What is the difference between pleadings and discovery?
"Pleadings" are the written and verbal 'arguments' made in court by either side in a case. "Discovery" refers to requesting access to the accumulation of evidence by the opposite side in a case.
