NCJ Number
123662
Journal
Criminal Law Bulletin Volume: 26 Issue: 2 Dated: (March-April 1990) Pages: 99-122
Date Published
1990
Length
24 pages
Annotation
This article discusses defense counsel's use of Rule 16 of the Federal Rules of Criminal Procedure and examines the discovery available under that rule.
Abstract
Pursuant to Rule 16, the defense may on request obtain a panoply of information such as statements made by the defendant, the defendant's criminal record, documents and tangible objects, and reports of examinations and tests. Rule 16 does not specify when discovery may occur. Normally, formal discovery requests will be submitted after the grand jury has returned an indictment against the client, but defense counsel should not wait until indictment before beginning an investigation and pursuing informal channels of discovery. In preparing discovery requests, counsel should observe two rules: be specific and put all the defense's requests and the status of the government's compliance in writing. After reviewing information discoverable by the defense under Rule 16, this article discusses the reciprocal discovery rights of the government and sanctions for noncompliance with the discovery requirements of Rule 16. 79 footnotes. (Author abstract modified)