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

28 October, Motion for Discovery and Motion for Suppression The US legal system places high value ona citizens’ right to privacy and, as a result, has instituted the Fourth and Fifth Amendments to protect their interests in all legal proceedings with a view to ensure fair trials. The former preempts the police from searching a person or his property without sufficient causes and requires the production of a warrant unless they find any illegal material in plain sight. The latter, on the other hand, mandates that a person has the right to remain silent as well as to access legal counsel and, before questioning an accused person, the police needs to clearly inform him or her of these rights.

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. Motion for Discovery: 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 evidence 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.Motion to Suppress: 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 “obtained evidence in violation of a constitutional or statutory right” (Jorgensen 7). Thus, if the police has obtained a statement without the “Miranda warning” or conducted a search without a warrant to obtain evidence, the defendant has the right to request for suppression of such evidence through this motion (7). The Motion to Suppress, again, illustrates the spirit in which the US Criminal Law System espouses the concept of free and fair trial and thus extends full opportunities to the defendants to prove their innocence.

Works CitedJorgensen, Ronald L. Motion Practice and Persuasion. American Bar Association. 2006. Web. 29 October 2012.