The Eye (Paperback)

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L. 90โ€“618 effective Dec. 16, 1968, see section 105 of Pub. In determining whether a violation is substantial the court shall consider all the circumstances, including: (i) the importance of the particular interest violated; (ii) the extent of deviation from lawful conduct; (iii) the extent to which the violation was willful; (iv) the extent to which privacy was invaded; (v) the extent to which exclusion will tend to prevent violations of these rules; (vi) whether, but for the violation, such evidence would have been discovered; and (vii) the extent to which the violation prejudiced moving party's ability to support his motion, or to defend himself in the proceedings in which such evidence is sought to be offered in evidence against him. (a) Subject to the provisions of Rules 17.5 and 19.4, the prosecuting attorney shall disclose to defense counsel, upon timely request, the following material and information which is or may come within the possession, control, or knowledge of the prosecuting attorney: (i) the names and addresses of persons whom the prosecuting attorney intends to call as witnesses at any hearing or at trial; (ii) any written or recorded statements and the substance of any oral statements made by the defendant or a codefendant; (iii) those portions of grand jury minutes containing testimony of the defendant; (iv) any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations, scientific tests, experiments or comparisons; (v) any books, papers, documents, photographs or tangible objects, which the prosecuting attorney intends to use in any hearing or at trial or which were obtained from or belong to the defendant; and (vi) any record of prior criminal convictions of persons whom the prosecuting attorney intends to call as witnesses at any hearing or at trial, if the prosecuting attorney has such information. (b) The prosecuting attorney shall, upon timely request, inform defense counsel of: (i) the substance of any relevant grand jury testimony; (ii) whether, in connection with the particular case, there has been any electronic surveillance of the defendant's premises or of conversations to which he was a party; (iii) the relationship to the prosecuting authority of persons whom the prosecuting attorney intends to call as witnesses. (c) The prosecuting attorney shall, upon timely request, disclose and permit inspection, testing, copying, and photocopying of any relevant material regarding: (i) any specific searches and seizures; (ii) the acquisition of specified statements from the defendant. (d) Subject to the provisions of Rule 19.4, the prosecuting attorney shall, promptly upon discovering the matter, disclose to defense counsel any material or information within his knowledge, possession, or control, which tends to negate the guilt of the defendant as to the offense charged or would tend to reduce the punishment therefor. (a) The prosecuting attorney shall perform his obligations under Rule 17.1 as soon as practicable. (b) The prosecuting attorney may perform these obligations in any manner mutually agreeable to himself and defense counsel or by: (i) notifying defense counsel that material and information, described in general terms, may be inspected, obtained, tested, copied, recorded or photographed, during specified reasonable times; or (ii) making available to defense counsel at a time specified such material and information, and suitable facilities and arrangements for inspection, testing, copying, recording or photographing of such material and information. (c) The prosecuting attorney may impose reasonable conditions, including an appropriate stipulation concerning chain of custody, to protect physical evidence produced under this Article. (a) Work Product.

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