What is the duty of disclosure of evidence in criminal cases?

California, United States of America


The following excerpt is from People v. Bisel, F069380 (Cal. App. 2016):

"The duty of disclosure exists regardless of good or bad faith, and regardless of whether the defense has requested the materials. [Citations.] The obligation is not limited to evidence the prosecutor's office itself actually knows or possesses, but includes 'evidence known to the others acting on the government's behalf in the case, including the police.' [Citation.]" (People v. Zambrano (2007) 41 Cal.4th 1082, 1132, disapproved on other grounds by People v. Doolin (2009) 45 Cal.4th 390.)

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