Quote:
Originally Posted by onlydarksets
No, but this is a common misperception thanks to television shows. The prosecution has to disclose any exculpatory evidence. That is, they can't just sit on evidence that would tend to show the defendant is innocent. They don't have to open their files to the defendant, though.
|
True but as we have all seen defense lawyers are very good at twisting and turning evidence to their advantage. For that reason generally isn't most evidence made available so as to avoid mistrials due to discovery failures? I thought most prosectors erred on the side of caution and let defenses see most anything. Then there isn't any chance that the defense can convince a judge that the evidence the prosection sees as merely damaging is in reality potentially exculpatory.