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DNA - A Prosecutor’s Practice Notebook Inventory

Defense Discover Requests

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National Institute of Justice (NIJ) (see reuse policy).

Defense discovery requests may be highly technical and an understanding of what is actually being requested is essential to respond appropriately. Prosecutors should consult with their supervisor and the DNA analysts to insure any response is consistent with office policy and that of the lab.

Often defense DNA discovery requests do not distinguish between the prosecutor's affirmative obligation to provide specific material and a "fishing expedition" type request to produce material. A prosecutor's affirmative obligation is mandated both by a constitutional duty to disclose and a duty to disclose by statute or court rule.

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