This column is devoted to suggested changes to be made to federal and state criminal procedure in 2015. I relate the opinions of defense counsel, many of whom are former prosecutors, one current federal prosecutor, and my own. Many suggested changes are long overdue and would benefit both prosecution and defense.
Robert M. Cary of Williams & Connolly in Washington, D.C., said, “I hope that 2015 is the year that we finally get real discovery reform in place at the federal level—a guarantee that the defense receives favorable information in sufficient time that it can be used by trial counsel. A good place to start: turn over Jencks [Act] statements 60 days before trial date. Protective orders can be used in those rare cases that witness safety or national security are at issue.”
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