NCJ Number
125663
Date Published
1989
Length
260 pages
Annotation
The 1989 annual meeting of the American Bar Association focused on unusual or creative means of discovery in complex criminal trials.
Abstract
The meeting acknowledged that complex criminal litigation involves complicated fact patterns, voluminous documents, and often novel prosecution and defense theories. Resourceful defense counsel must use the pretrial motion practice to discover additional facts relevant to the government's factual or legal theories. Experienced prosecutors will try to prevent this discovery process from occurring, while using procedural tools to gain discovery about the defense. The meeting specifically focused on the following means of discovery: discovery in suppression hearings; prosecutorial misconduct hearings; discovery of other offenses; Kastigar (evidence tained by immunity) hearings; RICO (Racketeer Influenced and Corrupt Organization) forfeiture hearings; CIPA (Classified Information Procedures Act) hearings; and Rule 17c trial subpoenas. Motions were presented by teams composed of some of the country's most experienced Federal prosecutors and defense counsel. Each team conducted evidentiary hearings with live witnesses and argued discovery motions before a distinguished, active Federal judge. Hearings and arguments were aided by a videotape of Federal agents conducting a search, as well as undercover audiotapes used in Federal prosecution. At the end of the session, litigators discussed their strategies and tactics, and judges shared their views on the effectiveness of presentations by the government and defense counsel.