DISCOVERY IN CRIMINAL CASES - DENIAL TO MISDEMEANANTS AS A VIOLATION OF DUE PROCESS AND EQUAL PROTECTION

• NCJ Number: 16089
• Journal: Journal of Criminal Law and Criminology Volume: 65 Issue: 2 Dated: (JUNE 1974) Pages: 181-191
• Author(s): ANON
• Date Published: 1974
• Length: 11 pages
• Corporate Author: Northwestern University; Williams and Wilkins Co
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS COMMENT DEALS WITH THE CONSTITUTIONALITY OF THE DENIAL OF DISCOVERY IN MISDEMEANOR CASES AND THE CONSTITUTIONALITY OF THE MISDEMEANOR/FELONY DICHOTOMY AS A STANDARD FOR THE ALLOCATION OF RIGHTS TO DEFENDANTS.

Abstract

IN ORDER TO DEAL MORE FULLY WITH THE SPECIFIC QUESTION OF MISDEMEANANT'S DISCOVERY RIGHTS, THE FIRST SECTION OF THIS COMMENT ANALYZES ARGUMENTS THAT THE SIXTH AND FOURTEENTH AMENDMENTS INCORPORATE THE RIGHT TO DISCOVERY. THE SECOND SECTION DISCUSSES THE DENIAL OF DISCOVERY IN TERMS OF THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT. THE POSITION THAT SUCH A DENIAL CONSTITUTES A VIOLATION OF FUNDAMENTAL FAIRNESS AS REQUIRED BY THE DUE PROCESS CLAUSE IS BASED ON THE PREMISE THAT THE CONSTITUTION INCORPORATES A RIGHT TO DISCOVERY. ALTHOUGH THE ARGUMENTS THAT DISCOVERY IS CONSTITUTIONALLY REQUIRED ARE COMPELLING, NO COURT HAS EVER HELD THAT SUCH A CONSTITUTIONAL RIGHT EXISTS. REGARDLESS OF WHETHER A CONSTITUTIONAL BASIS FOR DISCOVERY EXISTS, MANY STATES HAVE RECOGNIZED THE IMPORTANCE OF DISCOVERY BY ENACTING STATUTORY PROVISIONS FOR DISCOVERY. THE THIRD SECTION POSITS THE ARGUMENT THAT WHERE SUCH STATUTES EXIST, THE DENIAL OF DISCOVERY SOLELY ON THE GROUND THAT AN ACCUSED IS CHARGED WITH A MISDEMEANOR IS A VIOLATION OF THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT. (AUTHOR ABSTRACT)