Discovery and Pretrial Conference Essay
Discovery and pretrial conference
Discovery
There are different types of discoveries although two are more commonly used in both criminal and civil trials. The first type is depositions that involve examining a person as a source of information under oath. The advantages of using this approach is that it allows for interview location impact on the deponent, allows for probing follow up responses, ensures deponent spontaneity, and minimizes the role of opposing lawyers. Discovery and Pretrial Conference Essay
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The disadvantages of using this approach include possibility of perpetuating damaging testimony, does not allow for inquiry into the deponent’s legal contentions, only focuses on facts as acknowledged by the deponent, consumes much time, and is expensive. The second type is interrogations that involves submitting written questions that are answered under oath. The advantages of using this approach include being less complex and expensive to elicit answers, answers are specific and binding, can make inquiries into legal contentions and their basis, enquires into all knowledge, and is comparatively less expensive. Discovery and Pretrial Conference EssayThe disadvantages of using this approach include difficulty in getting narrative responses, expensive and time consuming since the questions must be carefully crafted, no opportunity to evaluate the deponents demeanor, and could be less effective (Smith, 2015).
Pretrial conference Rules of evidence
The rules of evidence indicate that judges can dismiss or suppress evidence that has been illegally obtained. In fact, it is not uncommon for evidence obtained by violating the fourth amendment to be dismissed. For instance, if police suspect that an individual could be dealing in illegal drugs and conducts a search of the suspect’s properties without a valid search warrant, then the judge can dismiss the evidence obtained from the search. The dismissal is because the suspect has a right of protection against unreasonable search and seizure, and the process of obtaining evidence violated that right. The dismissal of evidence can have great implications for the continuation of the court trial if not additional evidence are available that demonstrate the suspect’s guild in violated existing legislation (Colb, 2011).Discovery and Pretrial Conference Essay