Discussion:
Create a 2 page paper describe the following concepts: de minimus communications, the discovery process, the Brady rule, a motion in limine and the witness sequestration rule. The paper should include, using your own words, and APA formatting, definitions of the terms, a brief history of the concept, then evaluate their importance in the American legal system.
Has it Made an Impact?
The term de minimus is a term in Latin that means minimal. The de minimus rule in law refers to a dispute or criminal case in law where the charge is so trivial it is considered too small to be dealt with by the court. Because the dispute or crime is so minimal any communications of the court would be a waste of the courts time. For example a man kills a woman after breaking into her house. All the man has time to steal is a pen before he is confronted with the woman that he kills. Since the pen is only worth a few dollars it would waste the courts time to try the murderer for the theft of the pen.
The discovery process is an important part of the trial process where evidence is gathered on a party in a criminal or civil case. The discovery process allows both parties to gather information on the evidence being held by the opposing party in order to prepare a better case or defense. Attorneys for the prosecution, plaintiffs, and the defense are required to disclosure all relevant facts and documents which occurs through the step by step known as discovery. When relevant facts and documents are not revealed to the opposing side it can damage the court case.
The discovery process is broken down into three basic processes including the written discovery, document production and depositions (Californian Courts, 2014). The discovery process begins with disclosure. In this beginning stage parties will request certain documents or information from the opposing party. For example a defense attorney can request evidence being held by the prosecution or a plaintiff in a divorce case can request information from a defendant.
The written discovery process begins with interrogatories. Interrogatories are questions requiring the opposing party's version of the facts and their claims against the other party. The interrogatories can be questions on a form or questions posed directly to a party in the case specific questions known as specific interrogatories. Secondly the written discovery process consists of the request for admission. This is where the party in the question must answer important questions about the case being tried.
The discovery process continues with the admission of facts stage where a list of facts is given to the opposing party. They will either admit to the fact or deny the fact. Next is the request for production which is a request for documentation from an opposing party. This documentation will be used as evidence against the opposing party or used to gather additional information or evidence. Lastly are the depositions. The deposition is a stage where a member of the trial, such as the defendant, witnesses, or plaintiffs gives sworn testimony on the facts of the case.
The Brady Rule is a rule established from the ruling in Brady vs. Maryland. The ruling in Brady established a constitutional duty for the prosecution in a case to disclose exculpatory evidence to the defense (Rothein, 2013). Exculpatory evidence is any evidence in the possession of the prosecution that can be used against a defendant. This includes evidence that would affect the credibility of a defense witness. Basically the prosecutor must provide the defense with and "Brady material" that could potentially cast doubt on their guilt.
A motion in limine is a Latin term meaning it's a motion that goes in front of the court where a request is made to have evidence stricken from the case or to have evidence limited. In most cases this type of motion will be made at the beginning of the trial but if evidence merges it can also be made during the trial. The purpose of the motion is to prevent prejudicial evidence from being entered into the court or evidence that is irrelevant or should be inadmissible in the court due to the way it was collected.
The witness sequestration rule refers to a rule established stopping other witnesses from hearing the testimony of another witness. The reason for this is to prevent the testimony of one witness from being influenced by the testimony of another witness. This practice is pretty common in most courts. If a witness hears the testimony of another witness it could cause them to provide additional information that they learned through the other witness not from actually observing it for themselves. This change in testimony would unduly influence the court making it an important part of the court process.