Discovery: Finding Out About the Prosecutor’s Case

Learn about the kind of information the prosecution and defense have to exchange before and during trial.

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The prosecution has to disclose certain information to the defense and vice versa. This information is called discovery; it provides a window into the other side's case.

Articles on Criminal Discovery

Discovery the defense receives from the prosecution often sets the tone for a case. The defense also has to divulge certain material to the prosecution.

Discovery: What and When the Prosecution Must Disclose
Discovery—the information about the other side’s case—is supposed to promote fair trials and case settlement. Learn how it works.
Discovery of Information Harmful to the Defense
The defense is entitled to information that's relevant to the case. Sometimes "harmful" information turns out to be anything but.
Discovery of Information Helpful to the Defense
The prosecution has to divulge evidence that’s favorable to the defense—even if the defense doesn’t ask for it.
The Defense’s Duty to Turn Over Discovery
The prosecution usually has to disclose more information than does the defense, but that doesn’t mean defendants can sit on their hands.
Preservation of Evidence in Criminal Cases
Law enforcement officers and prosecutors have a duty to preserve certain kinds of evidence. Learn what they have to keep, and what happens when they don't keep it.
Learning the Identity of a Confidential Informant
Find out when and why the prosecution must disclose the identity of a confidential informant.

Questions on Criminal Discovery

You've got criminal discovery questions? We've got answers.

How can I find out if the prosecution is hiding helpful evidence?
Prosecutors have to turn over information that's "favorable" to the defense. Learn what the defense can do to make sure the prosecution is following its duty.
Do prosecutors use Facebook and other social networking sites for discovery?
Yes, they do. And almost anything online is fair game.