NCJ Number
15790
Journal
Kentucky Law Journal Volume: 62 Issue: 1 Dated: (1973-74) Pages: 58-90
Date Published
1973
Length
33 pages
Annotation
GIVES ATTENTION TO WARDIUS V. OREGON AND GAGNON AND MORRISEY IN DISCUSSING DUE PROCESS RIGHTS IN THE AREA OF DEFENSE DISCOVERY AND RECOMMENDS THAT THE PRELIMINARY HEARING INCLUDE EXPANDED RECIPROCAL DISCOVERY.
Abstract
IN WARDIUS V. OREGON, IT IS CONSIDERED THAT THE COURT ANNOUNCED EMBRYONIC DUE PROCESS PRINCIPLES FOR ESTABLISHING THE TWO CRITICAL DEVICES OF DEFENSE DISCOVERY - FILE DISCLOSURE AND DEPOSITIONS. THE AUTHOR PRESSES FOR AN EXPANDED RECIPROCAL DISCOVERY PROCESS THAT PROTECTS THE DEFENDANT'S RIGHT AGAINST SELF-INCRIMINATION AND OPENS UP TO HIM ALL INFORMATION RELEVANT TO HIS GUILT OR INNOCENCE. HE FURTHER ARGUES FOR THE ACCUSED'S RIGHTS TO DEPOSITION PROCEDURES AND EXPANDED RECIPROCAL DISCOVERY IN THE CONTEXT OF THE PRELIMINARY HEARING.