Friday, March 21, 2014

arbitrating open discovery


CNN:
The National Association of Criminal Defense Lawyers lists 14 states as having the "least discovery in the nation." They are New York, Alabama, Georgia, Iowa, Kansas, Kentucky, Louisiana, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Wyoming and Virginia.
But there may be a dark side to open discovery laws. Criminals might use the information from prosecutors to learn the identities of their accusers, and then intimidate them before they testify.
But why can we not take a page from the French and have an independent magistrate arbitrate just what shall be subject to redaction and just what might be reasonably and legally withheld?

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