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DISCOVERY IN CRIMINAL CASES - REPORT ON THE QUESTIONNAIRE SURVEY

NCJ Number
27080
Author(s)
ANON
Date Published
1974
Length
116 pages
Annotation
RESULTS OF A SURVEY OF CANADIAN PROSECUTORS AND DEFENSE ATTORNEYS ON THE AVAILABILITY AND THE USES THEY MAKE OF PRETRIAL DISCOVERY.
Abstract
PARTICULAR EMPHASIS WAS GIVEN TO THE ASSESSMENT OF THE INFORMAL ASPECTS OF PRESENT DISCOVERY PRACTICES IN CRIMINAL CASES. THE REPORT FOUND THAT NO TRUE DISCOVERY SYSTEM EXISTS IN CANADIAN LAW, AND THAT DISCOVERY WAS MAINLY A MATTER LEFT TO THE DISCRETION OF THE PARTIES INVOLVED. GENERAL TOPICS WERE PRE-TRIAL DISCOVERY AS IT IMPACTS ON THE PROSECUTOR AND THE DEFENSE COUNSEL, THE PRESENT DISCOVERY SYSTEM IN CRIMINAL CASES, DISCLOSURE BY THE DEFENSE TO THE PROSECUTION, AND OPINIONS AND POSSIBILITIES FOR REFORM. --IN ENGLISH AND FRENCH

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