Untitled California Attorney General Opinion

BACKGROUND

Criminal discovery in California is governed largely by statute. 1 Among other requirements, a prosecutor is required to produce for defense counsel 2 the names and addresses of intended prosecution witnesses. 3 The prosecution is also required, by both statute and the United States Constitution, to provide defense counsel with any exculpatory evidence—that is, any evidence tending to negate guilt, reduce punishment, or otherwise exculpate the defendant 4—including any evidence tending to impeach the credibility of prosecution witnesses. 5 By statute in California, a prosecutor is required to disclose “the existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial.” 6 California courts have also concluded that the prosecution may be required to disclose evidence of misdemeanor convictions involving crimes of moral turpitude, as such crimes may bear on the credibility of a

1 See Pen. Code, pt. 2, tit. 6, ch. 10 (Discovery), § 1054 et seq. Although the statutory discovery provisions expressly apply only to criminal proceedings, the juvenile court has discretion to apply them in juvenile delinquency…