Must the defense disclose all evidence to the prosecution?

[Hunterman]

Minnesota

Is disclosure only for information from the prosecutor to the defense or does it also cover defense information to the prosecutor?

For example, a witness has given a written statement. The defense obtains evidence that the witness has left out significant details of what happened. It appears to be lying by omission. Is the defense required to share that information with the prosecutor?

 

[zddoodah]

Specifics depend on whether the case is in state or federal court, but, in general, it depends on whether the prosecutor has made an appropriate discovery request for the evidence.

 

[Hunterman]

Thank you for the response.
I have a follow-up question: If evidence is given to the prosecutor is the prosecutor allowed to share it with the witness who appears to be lying by omission?

 

[Zigner]

You might want to discuss this with the defense attorney handling the case.

 

[quincy]

Minnesota

Is disclosure only for information from the prosecutor to the defense or does it also cover defense information to the prosecutor?

For example, a witness has given a written statement. The defense obtains evidence that the witness has left out significant details of what happened. It appears to be lying by omission. Is the defense required to share that information with the prosecutor?

Federal or state?

Typically it will be the prosecutor who provides the evidence s/he will present in court to the defense. This is because it is the prosecutor who must prove his case against the defendant. It is not the job of the defense to make it easier for the prosecutor to do this.

That said, state rules on disclosure vary and federal rules require certain disclosures by both parties.

Here is a link to the Federal Rules of Criminal Procedure, Rule 16, Discovery and Inspection:

https://www.law.cornell.edu/rules/frcrmp/rule_16

 

[Taxing Matters]

That said, state rules on disclosure vary and federal rules require certain disclosures by both parties.

To clarify for the OP: the federal rules of criminal procedure only apply to prosecutions in federal court. Each state has its own rules of procedure which may or may not match the federal rule. That's one reason why quincy asked whether this is a case in federal or state court. And it if it is in state court, it matters very much which state.

 

[quincy]

... And it if it is in state court, it matters very much which state.

This is a nice site put together by the National Association of Criminal Defense Lawyers. The following link shows the discovery rules in all 50 states:

https://www.strengthenthesixth.org/Discovery/States/States

As a note: I don’t know how recently the information provided has been updated. I do know that both North Carolina and New York made changes in their discovery rules not long ago.

 

[Litigator22]

Minnesota

Is disclosure only for information from the prosecutor to the defense or does it also cover defense information to the prosecutor?

For example, a witness has given a written statement. The defense obtains evidence that the witness has left out significant details of what happened. It appears to be lying by omission. Is the defense required to share that information with the prosecutor?

Your word "information" in this context is far too encompassing to admit to a useful answer. I suggest that you study Minnesota Rules of Criminal Procedure. In particular Rule 9.01 Prosecution Disclosure in Felony and Gross Misdemeanor Cases and Rule 9.02. Defendant’s Disclosure in Felony and Gross Misdemeanor Cases.

Answering your second question: Only if the defense is in possession of a written or recorded statement to that effect and from a witness it intends to call at trial. See Subsection (4) of Rule 9.02. And, of course, that an appropriate request has been submitted.

 

[Taxing Matters]

As a note: I don’t know how recently the information provided has been updated. I do know that both North Carolina and New York made changes in their discovery rules not long ago.

Pretty handy link. I bookmarked it.

It looks to me like the state by state links provided are either directly the state government website where the statute or rule is maintained or by other internet research services that routinely update their material. For example, my state's rule was linked to the casetext version, an online legal research service for lawyers that also provides some free legal materials for the public and is regularly updated. So the link for the statute in my state was up-to-date as of the close of the last legislative session and that'll be good at least until the legislature again convenes for its next session.

 

[quincy]

Your word "information" in this context is far too encompassing to admit to a useful answer. I suggest that you study Minnesota Rules of Criminal Procedure. In particular Rule 9.01 Prosecution Disclosure in Felony and Gross Misdemeanor Cases and Rule 9.02. Defendant’s Disclosure in Felony and Gross Misdemeanor Cases.

Answering your second question: Only if the defense is in possession of a written or recorded statement to that effect and from a witness it intends to call at trial. See Subsection (4) of Rule 9.02. And, of course, that an appropriate request has been submitted.

... assuming, of course, that the questions refer to state rather than federal law and that Minnesota is the state for which information is requested.

 

[quincy]

Pretty handy link. I bookmarked it.

It looks to me like the state by state links provided are either directly the state government website where the statute or rule is maintained or by other internet research services that routinely update their material. For example, my state's rule was linked to the casetext version, an online legal research service for lawyers that also provides some free legal materials for the public and is regularly updated. So the link for the statute in my state was up-to-date as of the close of the last legislative session and that'll be good at least until the legislature again convenes for its next session.

Nice source, huh.

I checked Michigan, too, and the information for my state was up-to-date.

 

[zddoodah]

I have a follow-up question: If evidence is given to the prosecutor is the prosecutor allowed to share it with the witness who appears to be lying by omission?

Yes.

 

[quincy]

Yes.

It depends.