CHILDREN AND THE LAW
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Delinquency Matters
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Pre-Adjudication Issues
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Discovery
............In General: Duty to Disclose
8 Cards On This Topic:
General purposes for prehearing discovery.
Petitioner has duty to promptly disclose police reports and favorable information.
Material which petitioner shall disclose upon request.
Duty to disclose continues.
DA has affirmative duty to disclose any substantial material evidence or information favorable to minor.
Juvenile court has same degree of discretion to permit discovery as in adult criminal proceeding.
Absent express order for reciprocal discovery by juvenile court, PC 1054 provisions do not automatically apply to delinquency proceeding and juvenile court erred in refusing to allow M to call witnesses for non-timely disclosure.
Juvenile ct. has discretion to order reciprocal discovery in delinquency proceeding; it is neither prohibited by juvenile discovery rules nor violative of constitutional rights.