Discovery Flashcards
Can the prosecution in a criminal case meet its discovery requirements by providing documents for inspection by the defense, without actually providing copies of the documents?
Yes. (See, e.g., People v. Zaragoza (2016) 1 Cal.5th 21, 51 [prosecution disclosed the existence of video surveillance and made it available for inspection but did not provide a copy. Held: “We perceive no violation of the prosecution’s statutory or constitutional discovery obligations. By alerting the defense to the existence of the videotape and making it available for viewing offsite, the prosecution complied with its obligations under section 1054.1, subdivision (e) to disclose exculpatory evidence in its possession”].)
A crime is captured on videotape at a Jack in the Box. The prosecution notifies the defense of the tape and makes it available for inspection at the Jack in the Box. But it does not provide the defense with a copy. Were the prosecution’s statutory or constitutional discovery obligations violated?
No. (People v. Zaragoza (2016) 1 Cal.5th 21, 51.)
