What is the evidence disclosure process in criminal defense law?

In criminal defense law, the evidence disclosure process is the process by which the prosecution must turn over evidence in its possession to the defense. This process is also known as discovery. In Indiana, this process is governed by the Indiana Rules of Trial Procedure. The first step is for the prosecutor to provide the defense with a list of witnesses, known as a witness list. This list must include all witnesses the prosecution intends to introduce at trial, even if the defense has subpoenaed them. This list must also include the names of the witnesses that the prosecution may or may not call at trial. The next step is for the prosecutor to disclose all documents, tangible objects, or reports that may be relevant to the case. This is known as the disclosure of tangible evidence. This includes any documents, photographs, physical evidence, or reports that could be relevant to the trial. Finally, the prosecutor must provide the defense with the names, addresses, and any other information about any informants that the prosecution interviews for the case. This last step is often referred to as the “Brady disclosure.” The prosecutor must provide this information to the defense in a timely manner, no later than 15 days before the trial. The defense can file a motion to compel the prosecution to turn over the evidence if they do not do so in time. The process of evidence disclosure helps ensure that the defense has access to any evidence that could help them build a strong defense.

Related FAQs

What is the difference between a criminal defense lawyer and a private investigator?
How are search and seizure issues addressed in criminal defense law?
What is discovery in criminal defense cases?
What is the difference between a grand jury and a trial jury in criminal defense law?
How is the outcome of a criminal case determined?
What is the difference between a direct and circumstantial evidence in criminal defense law?
What is an insanity defense in criminal defense law?
What is the difference between a preliminary hearing and a trial in criminal defense law?
What is the burden of proof in a criminal defense case?
What is a motion in a criminal defense case?

What is the evidence disclosure process in criminal defense law?

Related FAQs

Related Blog Posts