CFE – Law — Question 23

Which of the following statements is TRUE regarding criminal proceedings and discovery in adversarial jurisdictions?

Answer options

• A. The judge is the primary driver of the discovery process in criminal proceedings.
• B. Parties typically cannot request evidence from each other until after the trial begins.
• C. The majority of criminal discovery usually occurs before the trial begins.
• D. Most criminal proceedings are divided into pretrial, investigative, and trial phases.

Correct answer: D

Explanation

The correct answer is D, as criminal proceedings are indeed structured into distinct phases: pretrial, investigative, and trial. Option A is incorrect because the judge does not solely drive the discovery; it is a collaborative process between parties. Option B is false since in adversarial systems, parties can often request evidence before the trial commences. Option C is misleading as while much discovery occurs before trial, the timing can vary based on jurisdictional rules.