Pretrial discovery to defendant in criminalmatters

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A few states have not granted the right of pretrial discovery to a defendant in criminalmatters. Those states allege that this right is a one-way street created for the defendant. It isalso alleged that the defendant already has the balance of advantages in his or her favor in acriminal trial because the prosecution must prove the defendant guilty beyond a reasonabledoubt, and in most jurisdictions the verdict must be unanimous. In the states where the right ofdiscovery is not recognizes, the defendant must rely on the preliminary hearing, whenapplicable, for any assistance received in case preparation. In these instances, the defendantwill probably demand a preliminary hearing even though the defendant knows that he or shewill be held for trial.

Reference no: EM133812504

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