Do prosecutors have to turn over all evidence, or just the evidence they use? - Page 4


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Thread: Do prosecutors have to turn over all evidence, or just the evidence they use?

  1. #31
    Oh ok, why would a denfendant agree to a plea deal, if it could not be finalized though, rather than waiting to see all the evidence that will come out later?
    Last edited by ironpony; October 10th, 2019 at 07:26 PM.

  2. #32
    Music Guru Trollheart's Avatar
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    I'd imagine one motivator would be fear. If the cops say "You're going to go away for twenty years UNLESS..." they'll be more likely to jump at, or at least consider the deal without going into all its ramifications. Also, clients/accused aren't lawyers, so there may be details about the deal which they won't or can't understand, or even think about. The main thing is, you want to do as little time as possible, or get off with the lightest punishment, so you're likely to think about taking any deal. Also consider the accused may be in a state of high agitation, and with no lawyer there to advise them.
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  3. #33
    But i meant if the lawyer was there.
    Before the the defendant could make a deal, wouldn't his lawyer jump in and say no deal till we see all the evidence though?

  4. #34
    Like I said; A smart lawyer wouldn't fall for it. But a dumb client may. Also, an over worked public defender may take a bad deal simply to get the case off their desk. The latter is especially possible if the defendant failed to tell their lawyer EVERYTHING. If the defense is unaware of the full scenario, they may opt to accept a plea because they think the case is a slam dunk.

    That's why you're supposed to tell your lawyer everything...so they know the full scope of the case and can anticipate what is to come. Leave your counsel in the dark, and you get shitty representation.

  5. #35
    Oh okay. Well i want the prosecutor to think he has a chance at a plea dispite having an exculpatory witness, who he hasn't introduced yet cause this is just a grand jury hearing. Is there any way legal wise, that he thinks he can still have a chance at a plea?

    He can even offer immunity, to rat out the others, but would he think the defendant and his attorney will go for it as oppose to waiting till after the grand jury hearing, for more evidence to come in?

  6. #36
    Just how exculpatory is this evidence?
    If a prosecutor has evidence the guy is innocent, and they pursue a case, while keeping the man in custody, they can be in some serious trouble, possibly even disbarred.

    It's one thing to get the guy to talk voluntarily and BS him into spilling his guts on his friends, but once you have restricted their freedom, it becomes habeus corpus.

  7. #37
    Well basically it's just one witness, who the prosecutor has suspicions about or doesn't think is reliable, so he feels that the guy is still guilty. The witness is the victim in the kidnapping, but she is saying that no kidnapping happened, and is denying it. So the prosecutor feels that she is too scared to testify as a witness, and wants to keep the victim out of it as a witness, and just threaten the defendant with the reliable police witnesses, in order to cop a plea.

  8. #38
    So if this witness is considered a confidential witness (they are protecting her identity) then at some point in the discovery process the defense may be given the information about the witness.
    At minimum, they would be given the witness statement, though possibly redacted.
    Here is more on confidential witnesses:
    https://www.sidley.com/-/media/files...-witness__.pdf

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