Following a series of high-profile criminal prosecutions in which federal prosecutors were found to have violated their obligation to provide exculpatory evidence to defendants (including the public corruption case against former U.S. Senator Ted Stevens), on Jan. 4, 2010, the Department of Justice issued three memoranda providing extensive “guidance” for prosecutors regarding discovery practices in criminal cases.1
The Prosecutor’s Obligation
There is much to commend in the DOJ’s effort to review its “policies, practices, and training related to criminal case management and to evaluate areas for improvement.” First, the memoranda, from Deputy Attorney General David Ogden, are a strong reminder to prosecutors that their “singular goal in pursuing a criminal prosecution” is “a fair and just result in every case”; that fully and fairly discharging their discovery obligations is a crucial and necessary step in ensuring the achievement of that goal; and that any discovery “lapse” or failure is “a serious matter” that can have “significant negative consequences” for achieving “justice” in a particular case, as well as “a disproportionate effect on public and judicial confidence in prosecutors and the criminal justice system.”
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