OREGON'S PROCEDURE FOR DISCLOSURE OF EXCULPATORY EVIDENCE IN CRIMINAL ACTIONS

• NCJ Number: 5159
• Journal: Oregon Law Review Volume: 50 Issue: 3 Dated: (SPRING 1971) Pages: 354-369
• Author(s): ANON
• Date Published: 1971
• Length: 16 pages
• Corporate Author: University of Oregon
• Publication Format: Article

Annotation

OREGON'S APPLICATION OF THE SUPREME COURT'S DECISION REQUIRING DISCLOSURE OF EVIDENCE FAVORABLE TO DEFENDANTS, RELEVANT TO EITHER GUILT OR PUNISHMENT.

Abstract

OREGON RESTRICTS THIS RULING TO ADMISSIBLE EVIDENCE. THE DEFENSE ATTORNEY MUST BE AS SPECIFIC AS POSSIBLE WHEN REQUESTING DISCLOSURE AND IN NO EVENT WILL HE BE ALLOWED TO COMPEL UNILATERAL PRETRIAL DISCOVERY. THIS ARTICLE DISCUSSES A RECENT CASE IN WHICH THE PROSECUTOR REFUSED TO SUBMIT HIS ENTIRE FILE TO THE PRESIDING JUDGE FOR A JUDICIAL DETERMINATION OF EXCULPATORY EVIDENCE. A SUBMISSION OF LESS THAN THE ENTIRE FILE BEFORE TRIAL COMBINED WITH THE DEFENSE ATTORNEY'S EXAMINATION OF THE ENTIRE FILE AFTER THE TRIAL IS SUGGESTED AS A MEANS OF IMPLEMENTING THE SUPREME COURT'S RULING WITHOUT PREJUDICING EITHER DEFENSE OR PROSECUTION.