Question

Explain why ‘Discovery’ is not carried out in criminal court cases.

Answer 1

In both civil and criminal cases, discovery involves investigating the evidence that the other side plans to present. It can prevent any surprises at trial, narrow the issues that are disputed, and often help the two sides reach a resolution out of court rather than going through a full trial. In the criminal context, discovery once consisted mostly of the defendant getting evidence from the prosecution. This might include the reports and records made by the police, as well as statements by witnesses who will testify for the prosecution.However, this has changed in the modern era, allowing the prosecution to get some types of evidence from the defense.In civil cases, discovery is an extensive and robust process.The rationale for a more limited right of  discovery in criminal cases  is that the government cannot force the defendant to produce evidence against himself, therefore, the defendant should be limited in what he can discover from the government. So discovery is not carried out in criminal cases.

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