Electronic Discovery

Prosecutors are obligated to provide timely and complete discovery, particularly with regard to exculpatory and impeachment material. The discovery process can be complex and time consuming. Failure to properly record the discovery documents provided to the defense can jeopardize cases and put prosecutors at risk of being charged with ethical violations. Thus, prosecutors are turning to technology to streamline the discovery process and to create a reliable record of what was turned over to the defense and when.

Author(s): Kristine Hamann, PCE

As police departments across the United States embrace the use of police body-worn cameras (“BWCs”), it is imperative that prosecutors be involved in the uptake process as early as possible. The cameras will inevitably capture a great deal of evidentiary material that will be used in every type of criminal prosecution. Thus, systems and policies must be developed to ensure that this evidence is properly captured and delivered to the prosecutor in a timely and usable way.