Do defence lawyers have access to ALL evidence?
Thursday, July 10th, 2008 at
2:35 pm
hmm asked:
By evidence I mean, taped interrogations, police reports, weapons, sworn statements, etc.
By evidence I mean, taped interrogations, police reports, weapons, sworn statements, etc.
Tagged with: Defence Lawyers • Police Reports • Sworn Statements • Weapons
Filed under: Attorney FAQ
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Yes they have access but they may not use it. It is illegal for either side to with hold evidence from the other if it is asked for.
YES,Defense laywer’s have access to all evidence.
Yes they do.
It’s illegal for the prosecution to withhold evidence.
Yes.
And the first answer is *slightly* wrong on two counts.
First, it’s not just illegal for the prosecution to withhold evidence if it’s asked for – it’s illegal for them to withhold any evidence that they know about, whether it’s asked for or not.
Second, the defense is under no obligation to turn over evidence to the prosecution, unless ordered to do so by the court. The requirement to disclose is a one-way street.
Richard
They have access to everything. However, that doesn’t mean that it’s all admissible in a court of law.
No, the prosecution is not required to hand over evidence that is confidential or that does not impact the culpability of the defendant. The prosecutor does not hand over any notes or memoranda completed in the course of preparation for trial nor statements of prospective witnesses unless they reveal exculpatory information.
For instance, in Philadelphia, the initial police report may NOT be given to defense counsel because it contains the address of the victim. It would be malpractice for the prosecutor to hand it over and maybe even criminal negligence if the accused were to use that information to find and intimidate/kill the witness. Also un-discoverable are the prosecutor’s notes while preparing for trial.
The prosecution also has a privilege on the identity of confidential informants that the defense may not compel to reveal but on pain of proof of substantial burden.