Rule 16 of the Federal Criminal Procedure Regulations establishes three disclosure responsibilities for prosecutors that may be relevant to forensic evidence. However, depending on the complexity of the forensic evidence or when several forensic tests have been performed, the process can be complicated because it may require the prosecutor to work together with several forensic scientists to identify and prepare additional information relevant for disclosure. Unlike prosecutors, defendants cannot turn to law enforcement agencies to help them investigate and respond to evidence they first encounter at trial. In addition, in the absence of an authorizing rule, a trial court cannot order the defense to present evidence of impeachment and rebuttal to the prosecution before the trial.
In addition, because the concept of “record” is imprecise, such a statement exposes the prosecutor to disclosure requirements that are broader than expected or to be sanctioned for not disclosing documents, e.g. as a general rule, and taking into account the facts and circumstances of individual cases, prosecutors must provide comprehensive information related to forensic scientific evidence, as described here. When your defense attorney requests additional disclosure to the prosecution, he or she will weigh the value of the additional information about the prosecution's case against the cost of disclosing your defense. Procedures for disclosing potential dismissal information related to Department of Justice employees. Dismissal information, which depends on the prosecutor's decision about who is or can be called as a witness before the government, will normally be released at a reasonable time before the trial in order for the trial to proceed efficiently.
The prosecution's obligation to disclose information is generally governed by the Federal Rules of Criminal Procedure (16 and 26.2), the Jencks Act (18) U. The nature of the defense or alibi, expert opinions on the case, and any medical or scientific report that will be used in the trial. Under the federal Brady standard, the same materiality criterion applies if the defense has filed a general, specific, or even no request. In a case called Brady, the Supreme Court held that the due process clause obliges the prosecution to disclose to the defense any favorable material evidence regarding issues of guilt or punishment.
On December 9, 1996, the Attorney General published a policy regarding the disclosure to prosecutors of possible impeachment data relating to witnesses from law enforcement agencies (Giglio policy). Dismissal without prejudice is appropriate only in the case of deliberate misconduct on the part of the prosecution and serious harm to the defense that cannot be remedied in any other way. In addition, in the case of forensic witnesses employed by the government, the employing agency must collect Giglio's information and review it for possible disclosure.
