NCJ Number
86769
Date Published
1982
Length
45 pages
Annotation
This discussion considers discovering the Government's case without motion and discovery under Rule 16 of the Federal Rules of Criminal Procedure, the doctrine of Brady v. Maryland, the Jencks Act, a Bill of Particulars, and the Freedom of Information Act.
Abstract
Discovery of much or all of the Government's case often can be made without filing a motion through the requirements of Rule 16 of the Federal Rules of Criminal Procedure, informal conversations with the prosecutor, pretrial motions on nondiscovery matters, and a thorough examination of the defendant (one's own client). In its present form, Rule 16 of the Federal Rules of Criminal Procedure requires the Government to make timely disclosure to the defense of a defendant's statements, a defendant's prior record, certain documents and intangible objects, and certain scientific reports and examinations. Under the ruling in Brady v. Maryland, the prosecution has a constitutional duty to make timely disclosure to the defense, upon request, of all evidence favorable to an accused where the evidence is material to either guilt or punishment. The Jencks Act directs the Government, on motion of defendant, to produce any statements of the witness in its possession which relate to the subject matter of the witness' testimony. Further, a request for a Bill of Particulars can serve as a substantial pretrial device for discovering the Government's case, especially in white collar criminal cases, where the indictments are often lengthy and in need of considerable particularization. The Freedom of Information Act provides that each Federal agency must permit easy access to document search and copying of any documents that the inquirer can 'reasonably describe.'