Does a defense have a duty to provide evidence to the prosecution in a sexual assault case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Brown, 501 F.2d 146 (9th Cir. 1974):

The defendant has a right under the Fifth Amendment to compel the state to investigate its own case, find its own evidence, and prove its own facts. The defense has no duty to help the prosecution convict the defendant. We therefore reject any rule which would require the defense to turn over to the prosecution prior statements of defense witnesses which could be used by the prosecution as evidence against the accused.

Id. at 1195. See also People v. Bais, 31 Cal.App.3d 663, 107 Cal.Rptr. 519 (1st Dist. 1973).

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