Disclosure By Defense

Front 1

Since WILLIAMS

Back 1

Expansion in criminal discovery by prosecution

Front 2

Some jurisdictions permit:

Back 2

--P gets specifications on all defenses to be raised
--P gets names/addresses of all defense witnesses to be called at trial
--P gets all statements of defense witnesses, including memos of all unsigned oral statements

Front 3

Federal Rules of Criminal Procedure

16(b) -- Prosecution must disclose if:

Back 3

1. D requests discovery and P complies
2. P requests same type of information from D.
3. P's reuested information is in D's custody/control

Front 4

Federal Rules of Criminal PRocedure

16(b) -- Exceptions

Back 4

1. Work product created during investigation/defense
2. Statements made to D/D's attorney by the defendant or any witness

Front 5

WILLIAMS v FLORIDA: Facts

Back 5

D charged with robbery wants protective order to prevent disclosure of surprise alibi witness; Florida rule requires disclosure prior to trial, D claims this forces him to witness against himself.

Front 6

WILLIAMS v FLORIDA: Holding

Back 6

Disclosure requirement doesn't violate 5A b/c it only accelerates defendant disclosure, so doesn't offend due process

Front 7

TAYLOR v ILLINOIS: Facts

Back 7

D on trial for murder, P requests names/addresses of D witnesses to be called; D only provides some, then adds witnesses later; Judge has one of D's late-added witnesses' testimony excluded b/c information not provided, D claims violation of 6A compulsory due process

Front 8

TAYLOR v ILLINOIS: Holding

Back 8

B/c D's nondisclosure was willful, exclusion of testimony is appropriate sanction.

"Willful" includes for the purpose of gaining a tactical advantage.