Wednesday, October 21, 2015
by Glenn McClister
Summary: After reviewing the importance of discovery in Constitutional context, the article reports on a survey of public defenders conducted across the Commonwealth which indicates that prosecutors and law enforcement routinely fail to follow up on the delivery of initial discovery to the defense. Most often, prosecutors do not monitor the additional discovery which should be provided to the defense and law enforcement does not automatically provide it. One simple solution to the problem is statutory open file discovery which would require automatic compliance with Constitutionally fundamental discovery obligations.
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