What is Discovery in a Criminal Trial?

Evidence Information Exchange

The discovery process is carried out prior to trial. During this process both sides exchange information regarding evidence and witnesses that are to be used during trial. To the investigative team, this means that all notes, sketches, photographs, and other documentation are discoverable. In addition to this, any items that were seized can also be discovered by the defense.

Verbal and Written Witness Statements

There are several methods of discovery, including depositions and interrogatories. (American Bar Association, ND) Typically, oral statements, or depositions, are taken from witnesses; this gives the opposing side the opportunity to observe witnesses and acquire information. By contrast, interrogatories are written questions that must be answered by the opposing party in writing. (American Bar Association, ND) Other evidence may be subpoenaed to court if necessary. If one does not comply with court-ordered discovery, the evidence will not be allowed in trial. Discovery enables both sides to prepare their cases and helps to ensure a fair trial.

Evidence and Witnesses are Discoverable 

It is important to remember that witnesses as well as any demonstrative evidence are discoverable. Information about discoverable items is exchanged either in writing or in person, depending on the circumstances. Both sides have the right to examine or inspect all evidence and witnesses to be used in trial.

Attorney-Client Priveleges Not Discoverable 

However, not everything is discoverable. Perhaps the most well-known right is called the attorney-client privilege. This privilege protects possibly incriminating evidence from discovery at trial. (Legal-dictionary.thefreedictionary.com, 2010) Counsel notes and correspondence are included in this privilege. The only person who has the right to disclose confidential information protected under the attorney-client privilege is the client.

Basically everything that the crime scene investigator deals with will be discoverable; such as evidence and documentation of said evidence. For this reason, it is essential to follow proper procedures; this ensures a strong case for the state.

Crime scene personnel should know and understand the discovery process. This means that any and all notes, photographs, sketches, examinations, and results are subject to discovery. It is essential to maintain documented records of all actions during an investigation to ensure a fair and competent trial.

References

American Bar Association. (ND). Discovery. Retrieved December 17, 2010, from http://www.abanet.org/publiced/courts/discovery.html

Goodall, J., & Hawks, C. (2004). Crime Scene Documentation: A Realistic Approach to Investigating Crime Scenes. LawTech Custom Publishing.

Legal-dictionary.thefreedictionary.com. (2010). Attorney-client privelege. Retrieved December 16, 2010, from http://www.legal-dictionary.thefreedictionary.com/attorney-client+privelege