NCJ Number
58473
Journal
University of Colorado Law Review Volume: 49 Issue: 4 Dated: (SUMMER 1978) Pages: 443-471
Date Published
1978
Length
29 pages
Annotation
A PROCEDURE TO OBTAIN DEPOSITIONS FROM POLICE WITNESSES IN CRIMINAL CASES IS PROPOSED. THE REASONS FOR, AND THE DETAILS OF, THE PROPOSED RULE ARE DISCUSSED IN THIS ARTICLE.
Abstract
A PROPOSED RULE OF CRIMINAL PRETRIAL DISCOVERY IS PRESENTED BASED ON THE ASSUMPTION THAT A BROADENED RULE IS REQUIRED TO EQUALIZE THE EFFECTIVE POWER OF THE PROSECUTION AND THE DEFENSE. THE DEFENSE MUST BE GIVEN EQUAL ACCESS TO THE FACTS KNOWN BY THE POLICE WITNESSES, TO PREPARE AN ADEQUATE CASE. UNDER THE PROPOSAL, EITHER SIDE WILL BE ABLE TO SUBMIT QUESTIONS TO THE WITNESS. THE FIRST PART OF THE RULE DEFINES THOSE OFFICERS AND PERSONS LIABLE FOR DISCOVERY. THE DEFINITION INCLUDES ALL GOVERNMENT EMPLOYEES WHO ARE WORKING IN SUCH A CLOSE RELATIONSHIP WITH THE DEFENDANT THAT THEY ARE COMPETENT TO TESTIFY AS EYEWITNESSES TO THE CRIME OR ANY MATERIAL ELEMENT OF THE CRIME. GOVERNMENT EMPLOYEES SUBSTANTIALLY INVOLVED IN ANY SEARCH OR SEIZURE OCCURRING IN THE CASE ARE INCLUDED, AS WELL AS UNDERCOVER POLICE OFFICERS. THE SECOND PART OF THE RULE SETS OUT TECHNICAL PROCEDURES, REQUIREMENTS, AND LIMITATIONS. IT DESCRIBES THE PROCESS, SIMILAR TO THAT OF CIVIL PROCEDURE, BY WHICH THE OFFICER MAY BE SERVED. THE PROSECUTION AND DEFENSE BOTH HAVE BROAD RIGHTS UNDER THE PROCEDURE. MOREOVER, THE USE OF DEPOSITIONS AS DISCOVERY DEVICES IN CRIMINAL PROCEEDINGS IS NOT A NEW IDEA AS SOME STATES HAVE ALREADY ADOPTED THE PROCEDURE. HOWEVER, CONCERNS INVOLVING THE USE OF DEPOSITIONS CREATE FEARS THAT THE STATE MIGHT HAVE TO PAY THE COST FOR INDIGENT DEFENDANTS; THE RIGHT TO TAKE SUCH DEPOSITIONS MIGHT BE CONSIDERED A CONSTITUTIONAL RIGHT, NOT SOMETHING GRANTED BY THE LEGISLATURE; AND THE VALUE OF THE INFORMATION OBTAINED MIGHT BE MARGINAL. THE ARTICLE CONTAINS EXTENSIVE FOOTNOTES. (KCP).