Southern New Hampshire University
CJ-230: Discretion in Criminal Justice
Module 6 Notes
Why is the discovery process so important?
oThe discovery process is so important because it permits both the prosecution and
the defense to gather evidence and prepare for trial. This helps to ensure both
parties have a fair chance to present their case and that the outcome of the trial is
just. The discovery process also includes the opportunity for both sides to
interview witnesses and to take depositions. This grants them the opportunity to
gather information from people who may have knowledge about the case.
What are the objectives and scope of discovery?
oThe objectives of discovery are as follows: allow the parties to obtain information
and documents from other parties, all the parties to prepare for trial, and avoids
surprises at trial.
oThe scope of discovery is broad. It includes anything that is relevant to the case,
including documents, physical evidence, and testimony. The discovery process is
also ongoing, which means that new information can be discovered throughout
the litigation process.
What are the various decisions to be made by both the prosecutor and the defense
attorney?
The various decisions to be made by both the prosecutor and the defense attorney
are:
oWhether to charge or prosecute a case. The prosecutor must decide
whether there is enough evidence to charge a person with a crime. The
defense attorney must decide whether to advise the client to plead guilty or
not guilty.
oWhether to plea bargain. The prosecutor and the defense attorney may
negotiate a plea agreement, which is an agreement in which the defendant
agrees to plead guilty in exchange for a lesser sentence.
oWhether to go to trial. If the defendant does not plead guilty, the case
