Quote:
Originally Posted by onlydarksets
The defense will know the testimonial evidence the prosecution plans to present (i.e., what witnesses they plan to present and for what reason). If the defense has not prepped properly, they might not ask the "right" questions of the witnesses during depositions and interviews and might not uncover a crucial fact. So, the defense will have the opportunity to get pretty much everything but could miss an opportunity.
That said, if the witnesses lie, you are correct, the defense will not know the truth.
|
But the problem is, the defense attorneys will not have an opportunity to depose or interview the witnesses. In a civil case depositions are routine and a matter of course, but in criminal cases there are almost never depositions.
As for informal interviews, why would ST's alleged victims cooperate and hold an interview with ST's defense attorney? I am sure they are not going to talk to ST's defense attorneys until the trial.
Yes, the prosecution must provide notice of the witnesses they intend to call at trial and the substance of what they are testifying to. But, no those notices rarely let the opposing attorney know what exactly the witness is going to say.