Description

As a matter of practice, criminal discovery involves two processes or phases: informal and formal discovery. Most prosecutors are willing to hand over to the defense upon request certain categories of materials which it is clear that a court would order the prosecutor to divulge if the defense made a motion to discover them. Informal discovery devices (such as the discovery letter (see § 18.5 infra) and the discovery conference (see § 18.6 infra)) provide a quick route to obtaining this material. When the informal devices fail because the prosecutor refuses voluntarily to divulge information requested by the defense, counsel must turn to formal discovery devices, such as motions to compel the prosecutor to disclose the information. Part B of this chapter examines informal methods for obtaining discovery. Part C canvasses formal discovery procedures, describing the devices that can be employed and exploring constitutional doctrines that can be invoked in support of motions for court-ordered discovery going beyond that provided by statutes and local common law. Part D discusses the prosecutor’s right to discovery from the defense.

First Page

556

Source Publication

Trial Manual 11 for the Defense of Criminal Cases

Source Editors/Authors

Anthony G. Amsterdam, Randy A. Hertz

Publication Date

2026

Document Type

Chapter

Edition

11

Rights & Restrictions

CC BY-NC-ND 4.0, https://creativecommons.org/licenses/by-nc-nd/4.0/

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