NCJ Number
148106
Journal
American Criminal Law Review Volume: 31 Issue: 2 Dated: (Winter 1994) Pages: 191-214
Date Published
1994
Length
24 pages
Annotation
This analysis of the Classified Information Procedures Act (CIPA) concludes that it preserves the right to a fair trial, although in a classified and sealed context that may be unfamiliar to defense attorneys.
Abstract
CIPA creates a procedure for the pretrial determination of both the relevance and admissibility of classified information germane to the defense of certain highly sensitive and complex criminal cases. The law's procedures are cumbersome, but they offer the defense an early opportunity to shape and influence the court's perception of critical issues. The law's notice and hearing requirements, which may demand the disclosure of a substantial portion of the defense case, can be made advantageous by providing appropriately detailed and timely presentations to the court. While CIPA acts to protect the government's interest in preventing the disclosure of classified information, it expressly permits the defense to use classified information relevant to its case and provides the appropriate remedy if the defense is denied use of such information. Thus, it protects the right to a fair trial. Footnotes (Author summary modified)