What is the purpose of criminal discovery?

Criminal discovery is the process of gathering and exchanging information between the prosecution and the defense. The purpose of criminal discovery is to ensure fairness and due process in the criminal justice system. It also helps both sides be better prepared for trial. The prosecution is required to provide the defense with all of the evidence they plan to use against the defendant in trial. This allows the defense to adequately prepare in order to put forward a proper defense against the charges. For example, if the prosecution plans to use an expert witness, the defense is entitled to receive information about the witness and their qualifications in order to prepare for cross-examination. The defense is also able to make discovery requests for any information or evidence that they feel could help their case. For example, they may request any surveillance footage or credit card slips related to the case in order to find anything that could be beneficial to the defendant. In Virginia, the criminal discovery rules are outlined in Rule 3A:8 of the Supreme Court of Virginia. These rules provide guidance on the process of criminal discovery and help ensure that the defendant has access to all of the information relevant to their charges.

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