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The Whole Truth And Nothing But The Truth: Is The Trier Of Fact Entitled To Hear It?, Joseph M. Reisman
The Whole Truth And Nothing But The Truth: Is The Trier Of Fact Entitled To Hear It?, Joseph M. Reisman
University of Richmond Law Review
The fundamental goal of our adversarial system of litigation is to arrive at the truth through a fair presentation of the evidence. However, in a criminal proceeding material evidence is frequently not as available to the defense as it is to the prosecuting attorney. Consequently, rules have been developed which not only aid the defense in obtaining relevant information, but also assist the prosecution in fulfilling its ethical and constitutional obligations, chief among which is to see that justice and due process are upheld.
Exploring The Limits Of Brady V. Maryland: Criminal Discovery As A Due Process Right In Access To Police Investigations And State Crime Laboratories, Walter H. Ohar
University of Richmond Law Review
Why not criminal discovery? This question has been posited by legal scholars and learned jurists alike since the liberalization of discovery methods under the modern codes of civil procedure. As inexact as the term criminal discovery may be and, according to its critics, as inapplicable as discovery may be in the criminal context, there is little doubt that the current trend is the expansion of that which is discoverable by either side prior to a criminal trial. In fact, criminal discovery has developed into something more than a problem of procedure to be resolved by the individual jurisdictions in piecemeal …