A criminal defendant may request a bill of particulars when the indictment fails to notify the defendant of the elements and the essential facts of the specific charges. The bill of particulars is designed (i) to inform the defendant of the specific nature of the charges where necessary to prepare a complete defense; (ii) to prevent or minimize the possibility of a prejudicial surprise at trial; and (iii) to protect against double jeopardy prosecutions.263
The availability and scope of a bill of particulars, and the sufficiency of the response thereto, are matters within the discretion of the trial court. The court must balance the need to insure that the accused possesses the information necessary to prepare a complete defense against the government’s right not to disclose completely the detailed evidentiary facts and theories that is expects to prove at trial.264
A criminal defendant is entitled to have the government state the central facts that will enable the defendant to conduct an investigation of the events giving rise to the charge. A defendant is entitled to be informed of the specific dates and/or, where relevant, time periods in which the events giving rise to the charge. However, the State is not required to disclose its theories or the manner in which it believes the crime was committed.265
Where there is a question whether or not the State has adequately disclosed the necessary information, all doubts should be resolved in favor of requiring disclosure so that the defendant is informed of the facts necessary to mount a complete defense.266
263. State v. Sailer, ID Nos. 9412009559 & 9412009572, slip op. at 44, Carpenter, J. (Del. Super. Sept. 13, 1995).
264. Super Ct. Cr. R. 7; Comm. Pls. Ct. Cr. R. 7; Fam. Ct. Cr. R. 7; J.P. Ct. Cr. R. 3; State v. Banther, IK 97-05-0094-96, slip op. at 4, Ridgely, J. (Del. Super. May 2, 1998); State v. Sailer, ID Nos. 9412009559 & 9412009572, slip op. at 45, Carpenter, J. (Del. Super. Sept. 13, 1995).
265. State v. Sailer, ID Nos. 9412009559 & 9412009572, slip op. at 45-46, Carpenter, J. (Del. Super. Sept. 13, 1995).
266. State v. Sailer, ID Nos. 9412009559 & 9412009572, slip op. at 46, Carpenter, J. (Del. Super. Sept. 13, 1995).
© 2010 David L. Finger