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NCJRS Abstract

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NCJ Number: 136617 Find in a Library
Title: Proposition 115: The Fifth Amendment and Prosecutorial Discovery
Journal: Criminal Justice Journal  Volume:13  Issue:1  Dated:(Winter 1991)  Pages:115-133
Author(s): R M Steele
Date Published: 1991
Page Count: 19
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: In 1990, California voters passed Proposition 115, otherwise known as the Crime Victims Justice Reform Act. The proposition would enact a series of changes in criminal procedure and law including the prohibition of post-indictment preliminary hearings, expansion of the first degree murder definition, a requirement that the court conduct jury voir dire, and reciprocal discovery.
Abstract: Proposition 115 sought to eliminate the rights granted to criminal defendants by the California Supreme Court that went beyond those guaranteed by the U.S. Constitution. The State Supreme Court did strike down the provision of 115 that would have eliminated its independent State authority for interpreting defendants' rights, but it confirmed the remaining provisions as severable and valid. This article focuses on the discovery provisions outlined in Proposition 115. The author describes the history of California case law and the law prior to the passage of 115 as well as the development of Federal case law. The effect of Proposition 115 on prosecutors and defense attorneys is evaluated. 95 notes
Main Term(s): Law reform; Pretrial discovery
Index Term(s): California; Rights of the accused
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