Discovery is the word used to describe the process where the prosecutor and defense lawyer exchange information and evidence before trial. The discovery process continues from the time the case begins through the time of trial. Because the prosecutor is required to prove that a person charged with a crime is guilty beyond a reasonable doubt, most of the information and evidence provided in discovery in a criminal case is provided by the prosecutor to the defense. The amount of discovery depends on the case. Each case is unique and different. Some cases may have only a few hundred pages of discovery whereas other cases may have millions of pages of discovery. A person charged with a crime has a right to the disclosure not only of evidence that points towards guilt or innocence but also evidence that could affect sentencing.
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