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Can the prosecutor withhold a witness statement from the defense counsel until the day of the trial? |
In most cases, yes.
If the person is named on the witness list and is obligated to give testimony the defense attorney will have the opportunity to challenge information contained in the statement.
If the person is not going to testify at the trial it is up to the judge whether or not such a statement will be allowed to be entered as evidence and heard by the jury.
And here we have one of the most glaring problems in the American justice system. Surprise testimony, on the day of the trial....... Ambush tactics by the prosecution.
In the British common law system, the process of "discovery " before the trial begins , rules out this farce from happening. Discovery means that ALL the witnesses have to be questioned by the defense about their evidence, before they get into the court room, to prevent a perversion of justice . Once they testify in court, they can be held to their "statements " given in Discovery, as they are sworn at that time.
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First answer by Macky. Last edit by Buntingj. Contributor trust: 666 [recommend contributor]. Question popularity: 47 [recommend question]
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