January 4, 2010
US Justice Department issues new guidance to federal prosecutors on criminal discovery
As detailed in this official DOJ blog report, "the Deputy Attorney General issued three memoranda regarding criminal discovery practices including a memorandum to all prosecutors containing guidance regarding criminal discovery that prosecutors should follow to help assure that they meet discovery obligations in future cases." And thanks to the same posting, everyone can now read the full memos with the click of a mouse:
- Issuance of Guidance and Summary of Actions Taken in Response to the Report of the Department of Justice Criminal Discovery and Case Management Working Group
- Requirement for Office Discovery Policies in Criminal Matters
- Guidance for Prosecutors Regarding Criminal Discovery
Obviously, these memos do not directly concern sentencing issues, but they do cover important ground that impacts every federal criminal prosecution.
January 4, 2010 at 06:27 PM | Permalink
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Here is a story where discovery conduct is relevant to clemency.
"The focal point of the arguments is the statement from a witness for the prosecution that Behenna's own description of how the al-Qaida operative tried to attack him and he shot in self-defense was the only explanation that was supported by the facts.
The issue is raising concerns because of the decision by the prosecution to not only exclude that statement from the case, but withhold it from the defense until after the conviction."
Lawyers are second guessing our heroes. Come the next major terror attack, all such lawyers get on the arrest list. Hunt them, arrest them, try them, hang them in the basement of the court upon pronouncement of verdict.
Posted by: Supremacy Claus | Jan 4, 2010 11:58:25 PM