FREEDOM OF INFORMATION ACT - A POTENTIAL ALTERNATIVE TO CONVENTIONAL CRIMINAL DISCOVERY

• NCJ Number: 37555
• Journal: American Criminal Law Review Volume: 14 Issue: 1 Dated: (SUMMER 1976) Pages: 73-161
• Author(s): W L JORDAN; W A KEHOE; R A SCHECHTER
• Date Published: 1976
• Length: 89 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS NOTE EXAMINES THE WAYS THAT THE FREEDOM OF INFORMATION ACT (FOIA) CAN ASSIST THE CRIMINAL LAWYER DURING PRETRIAL DISCOVERY.

Abstract

IT BEGINS WITH A DESCRIPTION OF THE ACT'S INTERNAL STRUCTURE AND A DISCUSSION OF THE RELATIONSHIP BETWEEN THE ORIGINAL AND THE AMENDED VERSIONS OF THE FOIA. THIS DISCUSSION IS FOLLOWED BY A TREATMENT OF THE COMPARATIVE SCOPE OF THE DISCOVERY RIGHTS GRANTED TO THE CRIMINAL DEFENDANT BY BOTH CONVENTIONAL CRIMINAL DISCOVERY DEVICES AND THE FOIA. THE PROBLEMS WHICH THE CRIMINAL PRACTITIONER MAY ENCOUNTER WHEN PROCEEDING UNDER THE ACT ARE THE STRATEGIC AND PROCEDURAL ADVANTAGES OF USING THE FOIA IN LIEU OF, OR AS A SUPPLEMENT TO, MORE CONVENTIONAL MEANS OF CRIMINAL DISCOVERY. THE NOTE CONCLUDES WITH A TREATMENT OF CERTAIN TYPES OF MATERIALS FOR WHICH THE FOIA MAY BE THE EXCLUSIVE MEANS OF CRIMINAL DISCOVERY.