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Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.
The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars".. In U.S. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process.
After arresting the defendant, the police are required by law to bring the defendant to court within 48 hours (excluding court holidays) for the arraignment hearing. [12] The arraignment is a very short court hearing. At the arraignment, the judge will: Read what charges the District attorney has filed in court against the defendant (e.g.
If the defendant objects to the excision of parts of a document, the full text of the document must be preserved on the record for purposes of appeal. [99] Notes prepared by law enforcement agents of an interview with a potential government witness may be subject to production under the Jencks Act, provided the witness testifies at the trial.
The prosecutor's right to demand discovery is not as broad as the defendant's, as it is limited by the defendant's Fifth Amendment protection against self-incrimination. [6] Once reciprocal discovery is invoked, information that a defendant must disclose upon a prosecutor's request typically includes: Witness lists, Exhibit lists,
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [5] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case. Exculpatory evidence is evidence that might exonerate the defendant. [6]
Doe 6, the California Court of Appeals applied the prima facie showing test in the libel context, holding that "[w]here it is clear to the court that discovery of the defendant's identity is necessary to pursue the plaintiff's claim, the court may refuse to quash a third-party subpoena if the plaintiff succeeds in setting forth evidence that a ...
A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information ...
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