TEXTBOOK CJ2012 FAGIN-Explain a motion for discovery and for Essay

TEXTBOOK CJ2012 FAGIN-Explain a motion for discovery and for suppression - Essay Example Thus, any evidence, which the police gather in violation of the provisions of these amendments, becomes invalid in a court of law to secure a conviction. The defendant in a criminal case has to right to request to the court to instruct the prosecution to provide him or her all the materials that they have gathered as evidence in the alleged offence. This will help the defendant to understand the nature of the evidences that the prosecution will use to argue their case. Thus, an examination of these evidences will enable the defendant to prepare for the trial and prove his or her innocence. The courts in the US function with a view to ensure a free and fair trial to all citizens. Therefore, it is in the interest of justice that the defendant be given all opportunities to examine the evidences that the prosecution has collected against him. During the trial, the prosecution, who is already in possession of the evidence, will use these materials to argue their case to prove that the defendant has committed a particular offence. Hence, in the interest of natural justice, the defendant also must receive the opportunity to examine the evid ence so that he or she can prepare the defense accordingly during the trial. It is on this premise, to ensure fair trial, that the defendant is provided the right to the motion for discovery. The motion to suppress is another significant right offered to the defendants under the provisions of the law, to ensure a free and fair trial, through the Fourth and Fifth Amendments to the Constitution. This provision confers on defendants the right for a motion, requesting the court to direct the prosecution to suppress certain evidences that have been obtained through illegal means. The main issue at stake in Suppression Motions is whether police officers â€Å"obtained evidence in violation of a constitutional or statutory right† (Jorgensen 7). Thus, if the