Constitutional Limitations on Prosecutorial Discovery

This Article examines the constitutional issues surrounding the prosecution's interest in the discovery of relevant facts. The author argues that while this information is necessary for the prosecution to present the strongest possible case at trial and to meet the defendant's case, in most jurisdictions the prosecution may discover only the evidence that the defendant intends to present at trial. The author argues that a broader concept of prosecutorial discovery is permitted under the constitution, and that the prosecution should be able to discover all relevant facts useful in testing defense evidence and any documents or tangible things, which strengthen the prosecution's case, if the prosecution could have obtained them by seizure if it only knew their location.