Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Procedure

1971

Cleveland State University

Articles 1 - 1 of 1

Full-Text Articles in Law

Defendant's Right Of Discovery In Criminal Cases, Bruce E. Gaynor Jan 1971

Defendant's Right Of Discovery In Criminal Cases, Bruce E. Gaynor

Cleveland State Law Review

Predicated upon concepts of equity, discovery is the procedure by which one litigant is enabled to force his opponent to make some or all of his evidence available for examination. When authorized prior to actual trial, such disclosure is termed "pre-trial discovery." The purpose of a trial is to ascertain the facts." Proponents of liberal discovery assert that knowledge of the facts and, hence, discovery are necessary for fundamental justice. They contend that adoption of broad disclosure practices will eliminate the surprise and guesswork from the courtroom, and transform the aura of a trial from a "sporting event" to a ...