Are New DOJ 'Broad & Early' Discovery Rules Best Enforced by Judges?
Three memos issued this week by the Department of Justice, in response to criticism of federal prosecutors concerning the disclosure of exculpatory evidence in the high-profile prosecution of former Sen. Ted Stevens, provide a roadmap for staying within ethical boundaries.
In a main memo to DOJ attorneys that implements recommendations made by a task force, Deputy Attorney General David Ogden calls for prosecutors to provide “broad and early discovery” to defense lawyers “reasonably promptly,” in order to fulfill the DOJ’s mission of seeking justice rather than simply convictions.
A copy of this memo, as well as another memo to prosecutors and a memo to U.S. Attorneys and department heads, is provided by the Blog of Legal Times.
While the DOJ discovery rules are appropriate, according to a Stetson University law professor, it would be better to put judges, rather than prosecutors, in charge of deciding what needs to be disclosed to the defense in criminal cases. Professor Ellen Podgor also calls for a large-scale study to determine how common discovery failures complained of in the Stevens prosecution and several other high-profile cases actually are, reports the Wall Street Journal Law Blog.
Earlier related coverage:
ABAJournal.com: “Special Prosecutor to Investigate Government Lawyers in Sen. Stevens Case”
ABAJournal.com: “For the 2nd Time in Less Than 3 Months, Judge Sullivan Castigates DOJ”
ABAJournal.com: “Fed’l Judge Dismisses Big Drug Case, Calls DOJ Misconduct Issue Moot”
ABAJournal.com: “Federal Judge Axes Broadcom Case over Prosecutorial Misconduct”
ABAJournal.com: “Judge’s Ruling Tossing Charges Against Blackwater Guards Alludes to Alternatives”
