A corollary to the principle that the role of the district attorney is not to get as many convictions as possible but rather to assure that justice is done by the state, is the early recognized rule that the accused is entitled to be notified of the nature of the charges against him and to have an opportunity to prepare a defense. American courts have by no means been unanimous or always sympathetic with attempts by defendants in criminal cases to have access to information held by the state. Similarly, a defendant's rights are violated if the state withholds favorable material evidence which the defendant has requested. In Brady , the Court held due process was violated where, after the defendant's request, the state failed to reveal evidence that was material either to guilt or punishment. The Court found that such orchestration of a criminal trial does not comport with accepted standards of justice.
Limited discovery is therefore necessary to guarantee the accused a fair trial.
Disclosure by the State in Alabama has heretofore largely been a matter of discretion left to the trial court. This section should be helpful in resolving the severance issue before trial. Since the purpose of this section is to avoid any prejudice at trial by the introduction of such statements to the jury, only such statements as the state intends to introduce need be disclosed. Requiring the disclosure of evidence in the state's possession which is material to the preparation of a defense is an extension of this requirement of due process. Since the defendant may not know exactly what evidence the prosecution has, it would be difficult to know whether it would be material to his defense.