Reference no: EM131561107

Part of the trial preparation process is discovery. This is a part of the rules of criminal procedure. In all states and the federal courts, the defense has a right to review the evidence which the prosecution possesses against the defendant. In some states, the defense is also required to provide its case in sum to the prosecutor.

One important aspect which can be a tremendous problem for the prosecution is preservation of potentially exculpatory evidence - evidence which may exonerate the defendant. Obviously, the prosecution has an ethical obligation to provide evidence which clearly exonerates the defendant, but what about evidence which hasn't been reviewed but becomes unavailable because it is perishable? This happens often in immigration cases, in which witnesses who probably offer nothing to the case either way, but COULD have been exculpatory, are deported.

Answer the following thoughtfully and thoroughly:

1. To what lengths do you believe the prosecution in a criminal case should go to provide discovery to defense when the data set is especially large? Do you think the prosecutor's digital analysis is enough, or do you believe the defense should be able to obtain and analyze their own image of the evidence?

2. What lengths do you believe are reasonable for law enforcement in the field to seize digital media, not because it contains evidence, but because it COULD contain exculpatory evidence? Do you believe law enforcement has any ethical obligation to at all? Support your answer.