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Documentary Evidence & the Right of Discovery. Describe the difference between primary and secondary evidence. Also discuss the discovery process as it pertains to the trial process.
Brief:
Miranda v. Arizona, 384 U.S. 436 (1966).
Dickerson v. U.S., 530 U.S. 428 (2000).
Brady v. Maryland, 373 U.S. 83 (1963).
Miranda v. Arizona, 384 U.S. 436 (1966)
This landmark Supreme Court case established that individuals have the right to remain silent and the right to an attorney during police interrogations. The Miranda warning is a statement that must be given to a person who is arrested or otherwise deprived of their freedom before being interrogated.
Dickerson v. U.S., 530 U.S. 428 (2000)
This case reaffirmed the Miranda rule and held that Congress cannot overrule the Supreme Court's decision in Miranda.
Brady v. Maryland, 373 U.S. 83 (1963)
This case established the prosecutor's duty to disclose exculpatory evidence to the defense. Exculpatory evidence is evidence that tends to show the defendant's innocence.
I would recommend consulting the specific legal and educational resources you are using to obtain a more accurate and detailed understanding of these concepts in the context of your research.
Primary and Secondary Evidence
Primary evidence is original material that directly proves a fact, such as a photograph, a document, or a witness's testimony. Secondary evidence is a copy or reproduction of primary evidence, or a testimony about primary evidence.
Discovery Process
The discovery process is a pre-trial procedure in which the parties to a lawsuit exchange information and evidence. This process helps to ensure that both sides have a fair opportunity to prepare for trial. Discovery can involve various methods, such as interrogatories, depositions, requests for documents, and inspections of property.