Discovery is the formal process in which parties exchange information/evidence in a case. In a criminal case, the goal of this process is to ensure that the defendant’s right to a fair trial is protected. In other words, it is meant to ensure that defendants can effectively prepare their defense and have no surprises at trial about what evidence the prosecution has against them. Comparatively, the prosecution has only a limited right to receive information/evidence that the defendant intends to put forth at trial.

This process usually requires that defendants formally request, or demand, discovery from the prosecution. Once this formality is satisfied the prosecution has an obligation to comply by giving defendants all of the evidence/information—of which they are aware—that defendants are entitled to receive.

State and federal laws, and court decisions interpreting those laws, lay out specific types of evidence that defendants are entitled to receive through discovery. Examples of evidence that must be provided to defendants in discovery include:

• police reports related to the investigation and arrest
• statements by witnesses (including the victim)
• photographs
• expert reports (such as DNA, fingerprints, results of a medical forensic sexual assault examination)
• medical records of the victim that are related to the case and in the possession of the prosecution.

Discovery is an ongoing obligation so the prosecution (and defense where applicable) must continue to turn over pieces of information/evidence that are obtained throughout the case. If the prosecution fails to give the defendant a piece of information/evidence to which the defendant was entitled, the prosecutor could be subject to sanctions which could include exclusion of the evidence at trial, dismissal of charges or the case as a whole, and even personal sanctions against the prosecutor such as being held in contempt, fined, or facing ethical violations.