NCJ Number
35895
Journal
CRIMINAL LAW QUARTERLY Volume: 18 Issue: 3 Dated: (MAY 1976) Pages: 355-373
Date Published
1976
Length
19 pages
Annotation
THIS ARTICLE FIRST REVIEWS THE 1974 REPORT OF THE LAW REFORM COMMISSION OF CANADA ON DISCOVERY, FINDING NEITHER THE ARGUMENTS NOR THE EVIDENCE PRESENTED THERE SUFFICIENT TO SUSTAIN THE PROPOSALS MADE.
Abstract
THE COMMISSION REPORT CONCLUDED THAT, ALTHOUGH IT DID NOT EXIST FOR THE MOST PART, DISCOVERY WAS IMPORTANT TO THE CRIMINAL JUSTICE SYSTEM, WAS AN OBLIGATION OF THE PROSECUTION TO THE DEFENSE, AND COULD BE IMPROVED THROUGH ADDITIONAL 'POSITIVE LEGAL RULES'. THIS CRITIQUE, IN PARTICULAR, EXAMINES THE REASONS GIVEN IN SUPPORT OF THE COMMISSION'S POSITION AND WITH THE EMPIRICAL EVIDENCE (A QUESTIONNAIRE SURVEY) ADDUCED FOR IT. THE ARTICLE THEN TURNS TO A GENERAL REVIEW OF THE SUBJECT BASED UPON FINDINGS FROM THE DISCRETIONARY JUSTICE PROJECT, WITH REGARD TO THE CENTRAL ISSUES IN DISCOVERY. ALSO INCLUDED IS AN ANALYSIS OF THE INTERACTIONAL WORKINGS IN DISCOVERY OR FEATURES WHICH SUSTAIN THE PRACTICES OF DISCLOSURE.