CRIMINAL DEFENSE DISCOVERY - A PRELUDE TO JUSTICE OR AN INTERLUDE FOR ABUSE

• NCJ Number: 17697
• Journal: Mississippi Law Journal Volume: 45 Issue: 4 Dated: (SEPTEMBER 1674) Pages: 887-913
• Author(s): P R RICE
• Date Published: 1974
• Length: 27 pages
• Corporate Author: University of Mississippi
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXAMINES THE BIRTH AND DEMISE OF THE DEFENDANT'S RIGHT TO PRETRIAL DISCOVERY AND ANALYZES THE ARGUMENTS IN FAVOR OF RESTRICTING DISCOVERY PRACTICES.

Abstract

CONSIDERED ARE THE CLAIMS BY DISCOVERY OPPONENTS THAT DISCOVERY WOULD LEAD TO PERJURY AND THE SUPPRESSION OF EVIDENCE, THAT IT WOULD PROMOTE THE INTIMIDATION OF WITNESSES, THAT IT WOULD GIVE AN UNFAIR ADVANTAGE TO CRIMINAL DEFENDANTS, AND THAT IT WOULD REQUIRE THE PROSECUTION TO DISCLOSE ITS PRIVILEGED WORK PRODUCT. HE FINDS THEM ALL UNSUPPORTED AND SUGGESTS THAT THE INCREASING COSTS OF ADEQUATE DEFENSE PREPARATION, THE GROWING DEMANDS MADE ON THE PRACTICING BAR BY EXPANDING CRIMINAL DOCKETS, AND THE REALITIES OF PLEA-BARGAINING NECESSITATES THE ADOPTION AND EXPANSION OF PROCEDURES SUCH AS PRETRIAL DISCOVERY TO ENSURE A JUST OPERATION OF THE SYSTEM.