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NCJRS Abstract

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NCJ Number: 67631 Find in a Library
Title: STATEMENT OF PHILIP B HEYMANN ON APRIL 24, 1980 - CONCERNING GRAYMAIL LEGISLATION - H R 4736, BEFORE THE HOUSE SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS
Author(s): P B HEYMANN
Corporate Author: US Dept of Justice
Asset Forfeiture and Money Laundering Section
Criminal Division
United States of America
Date Published: 1980
Page Count: 21
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
US Dept of Justice
Washington, DC 20530
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: THE ASSISTANT ATTORNEY GENERAL'S STATEMENT UNDERLINES THE NEED FOR PASSAGE OF A COMPROMISE VERSION OF H.R. 4736 AS A REASONABLE APPROACH TO THE ISSUES ARISING IN CRIMINAL CASES INVOLVING CLASSIFIED INFORMATION.
Abstract: IN SUCH CRIMINAL CASES, 'GRAYMAIL,' OR DEFENSE ATTEMPTS TO OBTAIN OR DISCLOSE CLASSIFIED INFORMATION WHICH FORCES THE GOVERNMENT TO CHOOSE BETWEEN COMPROMISING NATIONAL SECURITY AND FOREGOING PROSECUTION, HAS BECOME A MAJOR PROBLEM. PRESENT PROCEDURES DO NOT INCLUDE PRETRIAL RULINGS ON THE DISCLOSURE OF CLASSIFIED INFORMATION, FORCING THE GOVERNMENT TO ABANDON PROSECUTION. SUCH DECISIONS UNDERMINE PUBLIC CONFIDENCE IN THE FAIR ADMINISTRATION OF JUSTICE. LEGISLATORS' RESPONSE TO THE GRAYMAIL PROBLEM IS H.R. 4736, WHICH PROVIDES FOR PRETRIAL RULINGS AND APPEALS ON WHETHER CLASSIFIED INFORMATION MAY BE DISCLOSED BY A DEFENDANT AT PRETRIAL OR TRIAL PROCEEDINGS. THE BILL WOULD REQUIRE ONLY MODEST PROCEDURAL CHANGES IN THE CONDUCT OF SUCH CRIMINAL CASES AND WOULD RESULT IN A SIGNIFICANT NUMBER OF CASES PROCEEDING TO TRIAL WHICH OTHERWISE WOULD BE DROPPED. KEY PROVISIONS EXAMINED IN THIS STATEMENT INCLUDE DEFENSE NOTICE OF INTENT TO USE CLASSIFIED INFORMATION, PRETRIAL IN CAMERA DETERMINATION OF THE ADMISSIBILITY OF CLASSIFIED EVIDENCE, ALTERNATIVES TO DISCLOSURE OF SPECIFIC CLASSIFIED INFORMATION, SANCTIONS OTHER THAN DISMISSAL, INTERLOCUTORY APPEAL BY THE GOVERNMENT, AND PRESERVATION OF THE INTEGRITY OF CLASSIFIED INFORMATION (INVOLVING PROTECTIVE ORDERS AND THE DEVELOPMENT OF SECURITY PROCEDURES). AMENDMENTS MADE TO RECIPROCITY AND REPORTING REQUIREMENTS OF H.R. 4736 MAKE THESE SECTIONS OF THE BILL MORE ACCEPTABLE TO THE ADMINISTRATION. THE ADMINSTRATION'S AMENDMENTS DEALING WITH THE USE OF 'RELEVANT AND MATERIAL' ADMISSIBILITY STANDARDS AND WITH A LIMITED MODIFICATION OF THE JENCKS ACT HAVE PROVED TO BE CONTROVERSIAL, ALTHOUGH FINAL AGREEMENT ON A GRAYMAIL BILL ACEPTABLE TO ALL PARTIES IS NEAR.
Index Term(s): Classified information; Criminal proceedings; Defense counsel; Federal government; Investigative powers; Legislation; National security; Pretrial procedures; Privileged communications
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67631

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