Writing Assignment II.docx - 1 What is the right of discovery How does it apply A The right of discovery is to make both parties aware of the evidence

Writing Assignment II.docx - 1 What is the right of...

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1.What is the right of discovery? How does it apply?A. The right of discovery is to make both parties aware of the evidence that may be presented at trial. It avoids being ambushed at trial with information that the other party was not aware of existed. This applies to written discoveries such as interrogations, admissions, and documents. This also includes oral discoveries such as depositions; and inspections and examinations e.g. property, mental, and physical. Discovery is a pretrial process which encourages both parties to reach an agreement prior to or before the end of a trial in order to avoid the financial burden, time, and energy demanded from all those involved.2.What is the main argument against permitting the prosecution the right of discovery? Why? Do you agree?A. The main argument against permitting the prosecution the right of discovery would be that it would be compelling the defendant to be a witness against themselves. The right came to be through appellate court decisions and through legislative actions. Initially, the right was granted to the defendant upon the theory that the right would assist the defendant. I agree that the prosecution should be granted prosecution of right of discovery because it allows both parties to adequately prepare their cases and obtain a fair trail for the defendant. If the right is provided forone party, then it should be applied to both. In the end, both attorneys should have to work to earn their pay.3.What is the main argument presented by the defense in support of a motion to suppress evidence? Do you agree or disagree? Why?
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A. The main argument presented by the defense in support of a motion to suppress evidence is that it provides them an opportunity to argue what evidence, if any, should be excluded from trial. The motion occurs during the pretrial phase, which if granted, excludes certain evidence from being presented at trial. I disagree with it because it allows the defense to know what evidence has been gathered against their client and file a motion with the hope it is granted, and the case dismissed. In my opinion, the only information the defense needs to know, is what charge the defendant is being accused of and the circumstances surround it. Otherwise, it would only be fair if the prosecution was told what kind of defense the other party was going to mount which would allow them to more adequately prepare as well.4.Explain the significance of the Exclusionary Rule on the admissibility of evidence?A. The significance of the Exclusionary Rule on the admissibility of evidence came to be a judicial remedy created to limit the power and authority of government officials. It was to help in the enforcement of the U.S. Constitution. Any violation of the 4thAmendment would deem the evidence excludable from admission in a court of law. The result of such a rule can be the difference in securing a conviction or not.
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  • Summer '18
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