Given the commitment of German criminal procedure to the search for truth, it may seem surprising that reciprocal discovery is not required of the defense.
In fact, the danger of prejudice is in some respects less serious in our system of reciprocal discovery than it is in Germany.
Equating the victim's position to the defense in this context raises the question of whether the prosecution should receive reciprocal discovery in the same manner currently mandated in R.C.M.
If she does file, she has a reciprocal discovery obligation.
order the United States to provide the defendant with the information it expects to use to rebut the classified information." (162) Thus, Drake argued, the prosecution may reap the benefits of a defendant's Section 5 notice, "hearing many details of his case" and excluding parts of that disclosure from the Section 6 hearing, thereby limiting the government's reciprocal discovery
For years, lawmakers have proposed measures that would require reciprocal discovery
- both prosecutors and defense lawyers would share evidence with one another.
Actually talk to the defense attorney about reciprocal discovery
. Defense attorneys have an ethical obligation to disclose most if not all of the documents they intend to use in their case-in-chief.
The defendant's constitutional protections discussed in the preceding Part must be tempered by the legitimate, practical needs of our adversarial system.(110) Aside from the usually obvious relevance of evidence concerning mental state as an element of the crime charged,(111) the adversarial system ordinarily requires fair and reciprocal discovery
of this type of evidence.(112) In addition, the government should have access to information that is not distorted in any way by the defense psychiatrist in situations where the court may limit the prosecution's ability to cross-examine the expert and preclude the prosecution from performing its own examination.
In past legislative sessions, some criminal defense lawyers have led the fight against reciprocal discovery
The decisions addressed witness production, destruction of evidence, government failure to disclose specifically requested favorable evidence, and defense failure to disclose evidence pursuant to reciprocal discovery
. While none of the opinions constitute earth-shattering new developments, they do shed light on often-ignored--yet important--subtleties of military discovery practice.
Some criminal defense lawyers over the last decade have led the fight against reciprocal discovery
proposals in Texas.
Joe Moody, D-El Paso, said the report demonstrates the need for lawmakers to approve House Bill 1426, his proposal to require reciprocal discovery