CRIMINAL DISCOVERY AND OMNIBUS PROCEDURE IN A FEDERAL COURT - A DEFENSE VIEW

• NCJ Number: 34476
• Journal: Southern California Law Review Volume: 49 Issue: 3 Dated: (MARCH 1976) Pages: 514-567
• Author(s): R A Weninger
• Date Published: 1976
• Length: 54 pages
• Corporate Author: University of Southern California
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

RESULTS OF A FIELD SURVEY OF THE CRIMINAL DISCOVERY PROCESS IN THE US DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA.

Abstract

THIS DISTRICT WAS THE FIRST TO ADOPT THE OMNIBUS PROCEDURE SET FORTH IN THE AMERICAN BAR ASSOCIATION'S (ABA) STANDARDS RELATING TO DISCOVERY AND PROCEDURE BEFORE TRIAL. THE STUDY IS BASED PRIMARILY UPON INTERVIEWS WITH ATTORNEYS WHO REPRESENTED DEFENDANTS IN CASES TRIED BEFORE JURIES IN SAN DIEGO IN THE SPRING OF 1974. IT ANALYZES THE FUNCTIONING OF THE DISCOVERY SYSTEM, DESCRIBES DISCLOSURES GENERATED BY THE SYSTEM, AND ASSESSES THE IMPACT OF THE DISCLOSURES UPON TRIAL PROCESSES. ANALYSIS OF SURVEY RESULTS REVEALED THAT THE OMNIBUS HEARING PROCEDURE USED IN THE SOUTHERN DISTRICT BEARS LITTLE RESEMBLANCE TO THE PROCEEDING DRAFTED BY THE ABA AND, AS A CONSEQUENCE, HAS NOT ACHIEVED THE FULL POTENTIAL EXPECTED AT THE TIME THE STANDARDS WERE ADOPTED.