Re:Congress Starts to Get Serious About Online Privacy
by dawnbreez on Wednesday February 10, 2016 @02:50PM
(#11075455)
Should we then provide the defense access to the prosecution's evidence (and vice-versa)?
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Re:Congress Starts to Get Serious About Online Privacy
by dragonwriter on Wednesday February 10, 2016 @04:47PM
(#11076323)
> Should we then provide the defense access to the prosecution's evidence (and vice-versa)?
The issue goes beyond that, to providing the defense comparable ability to collect evidence to the prosecution. Giving the defense access to prosecution evidence doesn't help if the prosecution deliberately does not collect evidence that it believes would be exculpatory and the defense doesn't have comparable means to compel access to potential evidence.
Re:Congress Starts to Get Serious About Online Privacy
by dtrizzle on Wednesday February 10, 2016 @07:12PM
(#11077289)
In California:
The DA must follow this rule: http://codes.findlaw.com/ca/penal-code/pen-sect-1054-1.html.
The DA also has obligations under Brady v. Maryland: https://scholar.google.com/scholar_case?case=955043312626967...
The defense must follow this rule: http://codes.findlaw.com/ca/penal-code/pen-sect-1054-3.html
Re:Congress Starts to Get Serious About Online Privacy
by whistlerbrk on Wednesday February 10, 2016 @02:51PM
(#11075462)
That is always the case already, I believe. Prosecutors are not allowed to present evidence not made available to the defense.