In a criminal case, there are rules about when the prosecution and defense have to share evidence with each other. In Utah, this is covered by Rule 16 of the Utah Rules of Criminal Procedure: Utah Rules of Criminal Procedure.
1. What the prosecutor has to share with the defense:
Rule 16 requires the prosecutor toshare certain evidence with the defense. This includes written and recorded statements of the defendant and codefendants, all physical and electronic evidence, reports prepared by the police, and all evidence favorable to the defense that is material to guilt or punishment. The rule requires that the prosecutor share this information as soon as practicable after charges are filed.
2. What the defense can request from the prosecutor:
In addition to information that the prosecutor is required to automatically turn over to the defense, Rule 16 requires the prosecutor to turn over certain information to the defense if the defense requests it. This includes records possessed by other government agencies if those records are directly related to the case.
3. What the defense has to share with the prosecution:
Rule 16 requires the defense to share certain evidence with the prosecution. This includes information required by other Utah laws. For example, Utah law requires the defense to provide notice to the prosecutor in writing the intention to claim alibi. This written notice must be completed at least 10 days before trial. This law can be found here: Alibi Notice Requirements. Similarly, the law requires the defense to tell the prosecutor at least 30 days before trial if the defense plans to offer evidence that the defendant is not guilty by reason of insanity. This law can be found here: Not Guilty By Reason of Insanity.
The defense also has to make certain disclosures to the prosecution before trial. Rule 16 requires the defense to share a written list of names and contact information for all witnesses the defense plans to call at trial. The rule also requires the defense to share exhibits that will be used at trials. These disclosures must be made at least 14 days before trial.
4. What happens if the prosecution or
defense fails to share certain evidence:
If either the prosecution or defense fails to follow rule 16, the judge can impose sanctions on the party. These sanctions might include a continuance of the trial, prohibiting the party from using the evidence they failed to disclose, or even dismissing the case.
Conclusion:
Rule 16 helps promote fairness by ensuring that the prosecutor has to share all evidence with the defense after the case is filed. Knowing all of the evidence the prosecutor has helps ensure that we can assess the strength of your case and develop the best strategy to protect your rights at trial.