LIMITATIONS ON PROSECUTORIAL DISCOVERY OF THE DEFENSE CASE IN FEDERAL COURTS - THE SHIELD OF CONFIDENTIALITY

• NCJ Number: 41237
• Journal: Southern California Law Review Volume: 50 Issue: 3 Dated: (MARCH 1977) Pages: 461-511
• Author(s): N R ALLIS
• Date Published: 1977
• Length: 51 pages
• Corporate Author: University of Southern California
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE CONSIDERS THE IMPLICATIONS OF THE TREND TOWARD EXPANSION OF PROSECUTORIAL DISCOVERY OF THE DEFENSE CASE, FOCUSING ON THE FEDERAL SYSTEM.

Abstract

THE FIRST SECTION ANALYZES THE CURRENT DISCOVERY RIGHTS AVAILABLE TO THE GOVERNMENT UNDER THE FEDERAL RULES OF CRIMINAL PROCEDURE AND DURING THE COURSE OF TRIAL. IN THE SECOND, THE CONCEPT OF PROSECUTORIAL DISCOVERY IS EXAMINED IN THE CONTEXT OF THE AMERICAN ACCUSATORIAL AND ADVERSARY CRIMINAL JUSTICE SYSTEM AND A SHIELD OF CONFIDENTIALITY WHICH SERVES TO CONFINE THE SCOPE OF PROSECUTORIAL DISCOVERY IS DELINEATED. THE AUTHOR CONCLUDES THAT THE EXPANSION OF PROSECUTORIAL PRETRIAL DISCOVERY RIGHTS HAS NOT BEEN PARALLELED BY A GROWTH IN THE UNDERSTANDING AND USE OF THE SHIELD OF CONFIDENTIALITY WHICH SURROUNDS AND PROTECTS THE DEFENDANT AND HIS LEGAL REPRESENTATIVES DURING CRIMINAL PROCEEDINGS.(AUTHOR ABSTRACT MODIFIED)...EB