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What Is NJ’s Law On Discovery In Criminal Cases?
If you’re facing criminal charges in New Jersey, it’s crucial to have a solid understanding of the legal procedures that will be involved in your case. Below, we’ll break down the New Jersey Rules of Court, specifically Rule 3:13, which governs depositions and discovery in criminal practice. By familiarizing yourself with these rules, you’ll be better prepared to navigate the legal process and protect your rights.
Depositions
Rule 3:13-2 outlines the circumstances under which depositions may be authorized. If the court believes that a crucial witness will be unable to testify at trial due to death, physical or mental incapacity, the judge, upon motion and notice to the parties, can order that a deposition be taken. Additionally, the court can request the production of relevant books, documents, or other tangible items that are not privileged. The deposition itself will be videotaped, unless the court decides otherwise. The examination and cross-examination of witnesses during the deposition will follow the same rules as a trial.
Use Of Depositions
Depositions taken under Rule 3:13-2 may be used at trial instead of live testimony if the witness is unable to testify due to death or physical or mental incapacity. Furthermore, if a witness has been deposed to allow their discharge from commitment for failing to appear at a trial or hearing, the deposition can be used if the court determines that the party presenting the deposition couldn’t secure the witness’s presence through other means. The deposition will be admissible in accordance with the Rules of Evidence, and a record of the videotaped testimony will be part of the official court record. However, if the judge finds that the use of the videotaped testimony would unfairly prejudice a party, alternative measures may be taken.
Jury Instruction
In cases where a deposition is used, the court is required to instruct the jury that the deposition is being employed for the convenience of the witness and that no inferences should be drawn from its use. This instruction ensures that the jury understands the purpose of using a deposition instead of live testimony.
Discovery And Inspection
Discovery is a crucial aspect of the criminal justice system that allows both the prosecution and the defense to gather and exchange relevant information before trial. Rule 3:13-3 of the New Jersey Rules of Court addresses discovery and inspection in criminal cases, outlining the obligations of the prosecutor’s office and the defendant’s rights to obtain discoverable materials.
Pre-Indictment Discovery
Pre-indictment discovery refers to the period before formal charges are filed. If the prosecutor makes a pre-indictment plea offer, they are required to provide defense counsel with all available relevant material that would be discoverable at the time of indictment, with a few exceptions. These exceptions arise when the prosecutor determines that providing all discoverable material would potentially jeopardize or hinder the investigation or prosecution. In such cases, the prosecutor must provide defense counsel with relevant material that does not hinder the case, and they must inform defense counsel that complete discovery has not been provided.
Another exception arises when the physical or electronic delivery of discoverable material would impose an unreasonable administrative burden on the prosecutor’s office due to the nature, format, collation, or volume of the materials. In these situations, the prosecutor may allow defense counsel to inspect, copy, or photograph the material at the prosecutor’s office, rather than making copies for the defense.
Despite these exceptions, the prosecutor is still obligated to provide defense counsel with any exculpatory information or material, which is evidence that could potentially prove the defendant’s innocence or raise doubts about their guilt.
Post-Indictment Discovery
Once formal charges are filed and the indictment is returned or unsealed, post-indictment discovery comes into play. The prosecutor’s office must provide discovery to each defendant named in the indictment. The prosecutor’s discovery should be provided upon the return or unsealing of the indictment, unless there is good cause for delay.
Good cause for delaying discovery may include circumstances where the nature, format, collation, or volume of the discoverable materials would require an extraordinary amount of time and effort to copy. In such cases, the prosecutor may allow defense counsel to inspect, copy, or photograph the materials at the prosecutor’s office rather than making copies for the defense.
The prosecutor is also required to provide defense counsel with a listing of the materials that have been supplied as part of the discovery process. If any known discoverable materials have not been provided, the prosecutor must provide a listing of the missing materials and explain the reasons for not supplying them.
The scope of discovery includes various types of relevant material, such as:
- Documents or papers taken from the defendant or owned by the defendant, such as drawings, graphs, writings, photographs, video and sound recordings, electronically stored information, images, and any other data or data compilations stored in any medium.
- Records of confessions or statements made by the defendant, whether signed or unsigned, and a summary of any admissions or the defendant’s declarations against interest. Transcripts of electronically recorded confessions or statements must be provided to the defendant within a specific timeframe set by the trial judge.
- Results or reports of physical or mental examinations, as well as scientific tests or experiments related to the case, that are within the possession, custody, or control of the prosecutor.
- Reports or records of prior convictions of the defendant.
- Relevant materials, such as books, papers, documents, or tangible objects, within the possession, custody, or control of the prosecutor, including electronically stored information.
- Names, addresses, and birthdates of individuals who have relevant evidence or information, including a designation by the prosecutor of potential witnesses.
- Statements made by co-defendants or witnesses, signed or unsigned, within the possession, custody, or control of the prosecutor, as well as relevant correspondence, memoranda, or other documents related to those statements.
It’s important to note that the prosecutor’s obligation to provide discovery is an ongoing duty. If, during the course of the proceedings, the prosecutor becomes aware of additional discoverable material, they must promptly disclose it to the defense.
Protective Orders
In certain situations, either party may request a protective order from the court to limit or regulate the discovery process. A protective order may be sought to prevent the disclosure of sensitive or confidential information, or to address any concerns regarding the safety, privacy, or welfare of individuals involved in the case. The court has the authority to grant such orders to ensure a fair and balanced discovery process.
Consequences Of Non-Compliance
If a party fails to comply with their discovery obligations, the court has the discretion to impose various sanctions. These sanctions may include excluding evidence, striking pleadings, granting a continuance, or taking other appropriate measures to address the non-compliance. The severity of the sanctions will depend on the circumstances of the case and the extent of the non-compliance.
FAQ
What Is The Purpose Of Discovery In Criminal Cases?
The purpose of discovery is to allow both the prosecution and the defense to gather and exchange relevant information before trial. It promotes fairness, transparency, and the pursuit of truth in the criminal justice system.
When Does The Discovery Process Begin In A Criminal Case?
The discovery process begins during the pre-indictment stage when the prosecutor is required to provide relevant discoverable material to defense counsel. It continues after the indictment is returned or unsealed, with the prosecutor providing additional discovery to each defendant named in the indictment.
What Types Of Materials Are Subject To Discovery?
Discoverable materials include books, tangible objects, papers, documents, electronically stored information, records of statements or confessions, physical or mental examination results, scientific test or experiment reports, prior conviction records of the defendant, relevant materials in the possession of the prosecutor, and information about potential witnesses.
Are There Any Exceptions To The Prosecutor’s Duty To Provide Complete Discovery?
Yes, there are exceptions. The prosecutor may withhold discoverable material if it would hinder or jeopardize the prosecution or investigation. However, they must provide defense counsel with relevant material that does not hinder the case and inform them of the incomplete discovery. In certain cases, where the delivery of materials poses an unreasonable administrative burden, defense counsel may inspect, copy, or photograph the material at the prosecutor’s office instead of receiving copies.
What Happens If The Prosecutor Fails To Provide Complete Discovery?
If the prosecutor fails to comply with their discovery obligations, the court has the authority to impose various sanctions. These sanctions may include excluding evidence, striking pleadings, granting a continuance, or taking other appropriate measures to address the non-compliance.
Can Either Party Request A Protective Order To Limit Or Regulate The Discovery Process?
Yes, either party can request a protective order from the court. This order can be sought to protect sensitive or confidential information or address concerns related to the safety, privacy, or welfare of individuals involved in the case.
What Is The Ongoing Duty Of The Prosecutor Regarding Discovery?
The prosecutor has an ongoing duty to provide discovery throughout the course of the proceedings. If they become aware of additional discoverable material, they must promptly disclose it to the defense.
NJ Criminal Defense Lawyer
When facing criminal charges in NJ, the journey ahead may seem daunting. Yet, at The Law Offices of Jonathan F. Marshall, we’ve armed ourselves with over 200 years of collective experience, seven former prosecutors, and nationally-recognized trial attorneys. Two of our attorneys were even selected for the prestigious Super Lawyers Rising Stars 2021 list for New Jersey, a commendation bestowed upon a mere 2.5% of attorneys in the state. Unraveling the intricacies of the discovery process is easier with us. Dial (877) 534-7338 or visit us online now for a relentless defense dedicated to securing your most favorable outcome.
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