Discovery: Finding Out About the Prosecutor’s Case
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.
Discovery is the process through which defendants find out about the prosecution's case.
The prosecution usually has to disclose more information than does the defense, but that doesn't mean defendants can sit on their hands.
State laws vary on whether police misconduct or disciplinary records are confidential, restricted, or public. Even when public, finding complaints against officers can be a difficult task.
The government has a duty to preserve certain types of evidence it collects during criminal investigations and prosecutions.
The prosecution can't always keep the identity of an informant secret; a defendant who makes a good enough showing is entitled to it.
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