首页> 美国政府科技报告 >Summary of Responses to a National Survey of Rule 16 of the Federal Rules of Criminal Procedure and Disclosure Practices in Criminal Cases: Final Report to the Advisory Committee on Criminal Rules: Appendices.
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Summary of Responses to a National Survey of Rule 16 of the Federal Rules of Criminal Procedure and Disclosure Practices in Criminal Cases: Final Report to the Advisory Committee on Criminal Rules: Appendices.

机译:对联邦刑事诉讼规则第16条和刑事案件披露做法进行全国调查的答复摘要:向刑事规则咨询委员会提交的最后报告:附录。

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摘要

Federal Rule of Criminal Procedure 16 (Rule 16) governs discovery and inspection of evidence in federal criminal cases. Rule 16 entitles the defendant to receive, upon request, the following information: statements made by the defendant; the defendants prior criminal record; documents and tangible objects within the governments possession that are material to the preparation of the defendants defense or are intended for use by the government as evidence in chief at the trial, or were obtained from or belong to the defendant; reports of examinations and tests that are material to the preparation of the defense; and written summaries of expert testimony that the government intends to use during its case-in-chief at trial.1 Rule 16 also imposes on the government a continuing duty to disclose additional evidence or materials subject to discovery under the rule, if the government discovers such information prior to or during the trial.2 Finally, Rule 16 grants the court discretion to issue sanctions or other orders as are just in the event the government fails to comply with a discovery request made under the rule.3 The Advisory Committee on Criminal Rules (Advisory Committee) is considering whether Rule 16 should be amended to incorporate the governments constitutional obligation to provide exculpatory and impeachment evidence to the defense or, instead, to create a broader disclosure obligation. To help inform its deliberations, the Advisory Committee asked the Federal Judicial Center (Center) to study the operation of districts with local rules or standing orders that require more expansive disclosure than required by the current Rule 16, to study those districts without the more expansive rules, and, further, to identify any variation in pretrial disclosure practices in the federal district courts.

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