Discovery (From White-Collar Crime: Fifth Survey of Law, P 1093-1106, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)

• NCJ Number: 120582
• Journal: American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 1093-1106
• Author(s): P B Tipton
• Date Published: 1989
• Length: 14 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article examines how the procedural issue of discovery impacts the due process rights of white collar criminal defendants, with emphasis on Rule 16 and Rule 26.2 of the Federal Rules of Criminal Procedure and the Jencks Act.

Abstract

Case law has established that criminal defendants have limited discovery rights. Many white collar criminals have based appeals on procedural rights to discovery. The operation of Rules 16 and 26.2 and the Jencks Act are discussed in detail, and, in addition, fifth amendment due process requirements relating to discovery are outlined. Of particular significance is a series of Supreme Court decisions, known as the Brady doctrine, that identifies the due process requirements of disclosure of exculpatory material in possession of the prosecution. It is alleged, however, that the Court has failed to provide clear guidance regarding the requirements of the Brady doctrine, thus eroding the due process guarantees of white collar defendants. 126 footnotes.