Posted: September 13th, 2017

As you have learned from your reading, discovery is the process whereby the defense and the prosecution learn about the evidence that the other side will produce at trial Custom Essay

As you have learned from your reading, discovery is the process whereby the defense and the prosecution learn about the evidence that the other side will produce at trial. It is regulated by the court rules and case law, and is overseen by the trial judge. Some jurisdictions, most notably the military justice system, have a very open discovery scheme, meaning the prosecutor must give very broad discovery to the defense. In other jurisdictions, the scheme is much more restrictive, and does not require so much openness from the prosecution.

Based on your readings and on your outside research, which do you think is the better approach, and why? Justify your answer, rather than just relying on your own personal philosophy with no support.