U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

DISCOVERY - PROSECUTOR'S FAILURE TO DISCLOSE

NCJ Number
40503
Journal
Journal of Criminal Law & Criminology Volume: 67 Issue: 4 Dated: (DECEMBER 1976) Pages: 408-415
Author(s)
ANON
Date Published
1977
Length
8 pages
Annotation
ANALYSIS OF U.S SUPREME COURT DECISION IN US.S V AGURS (1976) WHICH HELD THAT PROSECUTION'S FAILURE TO DISCLOSE TO THE DEFENSE UNREQUESTED INFORMATION ON THE VICTIM DOES NOT VIOLATE THE ACCUSED'S FAIR TRIAL RIGHT.
Abstract
THE AUTHOR OUTLINES THE FACTS OF THE CASE IN AGURS, AND EXAMINES THE REASONING EMPLOYED BY THE COURT TO REACH THEIR DECISION, WHICH INCORPORATES THREE MAIN CONCLUSIONS. THESE CONCLUSIONS ARE THAT UNDISCLOSED EVIDENCE CAN BE FOUND TO BE MATERIAL REGARDLESS OF WHETHER THE DEFENSE REQUESTED IT; THAT A PROSECUTOR DOES NOT HAVE A CONSTITUTIONAL DUTY TO DISCLOSE THE ENTIRE CONTENTS OF HIS FILES TO THE DEFENSE; AND THAT THE DEFENDANT'S BURDEN IN PROVING MATERIALITY VARIES ACCORDING TO THE CIRCUMSTANCES OF THE SITUATION IN WHICH THE NONDISCLOSURE OCCURS. THE AUTHOR CONCLUDES THAT, ALTHOUGH THE AGURS DECISION CLARIFIES THE DEFENDANT'S BURDEN OF PROVING MATERIALITY IN CERTAIN CIRCUMSTANCES, IT FAILS TO PROVIDE PRACTICAL ASSISTANCE TO THE PARTIES WHO MUST MAKE DECISIONS IN NONDISCLOSURE SITUATIONS. (AUTHOR ABSTRACT MODIFIED)...EB

Downloads

No download available

Availability