Criminal cases are supposed to be about the pursuit of truth. However, over the years, courts have routinely caught prosecutors trying to hide evidence from defendants. Most often, this is evidence that is favorable to the defense and would have been harmful to the prosecution’s case had the defense been provided the evidence.
Discovery is the process by which the parties exchange evidence that they plan to use at trial. Given the concerns mentioned above, in a 1964 case, the United States Supreme Court created some basic rules requiring the prosecution to provide certain discovery to the defense in all criminal cases. These rules have been embodied in the current version of the California Penal Code. For example, under California Penal Code section 1054.1, the prosecution must disclose:
- the names and address of all witnesses it plans to call at trial;
- all statements made by the defendant;
- all relevant real evidence;
- whether any material witness for the prosecution has a felony conviction; and
- the written or recorded statements of witness the prosecution plans to use at trial.