What is the purpose of criminal discovery?

The purpose of criminal discovery is to ensure that all criminal defendants have fair and equal access to the evidence used against them by the prosecution. In California, criminal discovery is essential to protect a defendant’s Sixth Amendment right to a fair trial. Per California’s criminal discovery statutes, the prosecution must disclose all material evidence to the defendant’s counsel prior to trial. This includes any physical evidence and any exculpatory or impeachment evidence. Criminal discovery is also used to deter witnesses from fabricating evidence or lying to support the prosecution’s case. By requiring disclosure of all evidence to the defendant, witnesses are more likely to provide truthful testimony that is supported by evidence. This helps ensure that the jury can make an informed and just decision based on all evidence presented at trial. Finally, criminal discovery also serves to reduce the amount of time and resources needed to prepare a criminal defense. By requiring the prosecution to disclose critical information to the defense, a defendant’s counsel can more efficiently prepare a defense that would be difficult to do without access to the evidence. In short, criminal discovery protects the defendant’s right to a fair trial and streamlines the criminal justice process in California.

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