Crim pro notes

Otherwise, the prosecution would have the difficult task of locating and disclosing the myriad oral statements made by a defendant, even if it had no intention of using the statements at trial.

Federal Rules of Criminal Procedure

A party who discovers additional evidence or material before or during trial must promptly disclose its existence to the other party or the court if: The Conferees note that, even in those situations where the rule provides for disclosure of the testimony, the Government may, upon a sufficient showing, obtain a protective or modifying order pursuant to Rule 16 d 1.

The defendant can ask for a protective order under subdivision d 1 or can take a deposition in accordance with the terms of rule Prosecutors have stated that they frequently will open their files to defendants in order to induce pleas. But the fact that no formal written reports have been made does not necessarily mean that an expert will not testify at trial.

The Government in one of its statements to this committee indicated that providing the defense with witness lists will cause coerced witness perjury. The rule is intended to prescribe the minimum amount of discovery to which the parties are entitled.

The witness lists need not be turned over until 3 days before trial. Barrier to Criminal Discovery, 51 Calif. Other courts have held that even though the current rules make discovery discretionary, the defendant need not show cause when he seeks to discover his own statements.

The rule is a restatement of this procedure. See also rule The full set, denominated the Federal Rules of Criminal Procedure, then took effect on March 21, Rule a of the Federal Rules of Evidence permits a party to attack the credibility of a witness with convictions other than just felony convictions.

The amendment should remedy that problem. Those disclosures are triggered by defense requests for the information. Notes of Advisory Committee on Rules— Whether under existing law discovery may be permitted in criminal cases is doubtful, United States v.

Rules 16 a 1 E and b 1 C witness lists. Thayer, Ohio St. Superior Court, 90 Ariz.

Rule 1 Discovery and Inspection

The major purpose for letting the defendant discover information about the record of government witnesses, is to provide him with information concerning the credibility of those witnesses.

The proposed rule requires both the government and the defendant to turn over witness lists in every case, capital or noncapital. Subdivision b replaces old subdivision c. A Documents and Objects. Barrier to Criminal Discovery?

If the defendant requires and receives certain items from the government, then the government is entitled to get similar items from the defendant. However, the Committee has attempted to strike a balance between the narrow provisions of existing law and the broad provisions of the proposed rule.View Notes - Herrera Notes on Crim Pro 2 from LAW at Xavier - Ateneo de Cagayan.

PRELIMINARY CHAPTER Resort is made to secret inquiry to discover the culprit and violence and torture were often%(1).

dissent notes that, unless the inspections themselves are included (which is obviously bootstrapping—ie. warrant-less search is OK b/c industry is subject to warrant-less searches), automobile junkyards are no more “closely regulated” than the vast majority of businesses (all that government requires is licensing and record-keeping).

CA Ct. App – no right to proceed pro se on appeal Procedural default total waiver or at best limited “plain error” or “fundamental error” review on appeal.

Crim Pro II Exam Outline I. Defense Counsel A. Right to Appointed Counsel ö 6TH Amendment [Right attached when fiaccusedfl, i.e. adversarial process begins Š Kirby v Ill () ö goal is to fiprotect the unaided layman at critical.

NYU School of Law Outline: Criminal Procedure, Erin Murphy Will Frank (Class of ) Fall Semester, Contents 1 Introduction 2 Police Discretion and Due. Jun 30,  · CRIMINAL PROCEDURE - Free download as Word Doc .doc /.docx), PDF File .pdf), Text File .txt) or read online for free. Crim Pro - Notes.

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