Historically, there has been a reluctance on the part of legislators and the courts to grant discovery to the defendant in a criminal case. This is attributable to the long-held view that any information given to the defendant will likely result in perjured defenses.
That old saw should have no weight at sentencing when the defendant has pleaded guilty or has been found guilty at trial. Yet it remains alive today. This is a proposal to grant discovery for the sentencing hearing.
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