ASSIGNMENT HELP | Describe the pros and cons of an open file policy.

Many prosecutors have an \”open file\” policy where the prosecution shares everything in its file with the defense attorneys preparing for trial. Is this a preferable policy to turning over only the specific pieces of evidence required by law?

Describe the pros and cons of an open file policy.

SAMPLE SOLUTION

The open file policy obligates prosecutors to reveal substantial evidence which may be favorable to a PLACE YOUR ORDER NOW AT writtask.com | the defense lawyers to view the district attorney’s records early before trying to access whether or not the information therein may be useful to the PLACE YOUR ORDER NOW AT writtask.com | open file policy requires that the prosecution open their files to defense lawyers, which minimizes the burden of deciding whether the information is material evidence. An open file policy is preferable to turning only specific PLACE YOUR ORDER NOW AT writtask.com | of evidence since it aims at resolving PLACE YOUR ORDER NOW AT writtask.com | problem where the police and the prosecution failed to identify which evidence is exculpatory (Turner & Redlich, 2016).

Moreover, the requirement that the PLACE YOUR ORDER NOW AT writtask.com | must provide its files early in the prosecution process ensures that the defense can make informed and fair PLACE YOUR ORDER NOW AT writtask.com |discovery allows PLACE YOUR ORDER NOW AT writtask.com | defense to obtain access to vital information for effective counseling of clients. For instance, in situations where the defense has PLACE YOUR ORDER NOW AT writtask.com | finds to conduct independent investigations, the PLACE YOUR ORDER NOW AT writtask.com | file discovery would help offset this problem. Open file policies also provide essential feedback to the prosecution about possible PLACE YOUR ORDER NOW AT writtask.com | in their case and allow them to make more PLACE YOUR ORDER NOW AT writtask.com | encourages cooperation and minimizes instances of conflict and at the same time promoting quick resolutions and better clarity (Turner & Redlich, 2016).

One of the primary cons of open file policy is the endangerment of the safety of witnesses as well as PLACE YOUR ORDER NOW AT writtask.com |open disclosure practices would dissuade PLACE YOUR ORDER NOW AT writtask.com | people from cooperating with the police, thereby jeopardizing the investigation’s integrity. The other con of open file policy is that it would become a burden to the police and prosecutors in terms of documentation to avoid PLACE YOUR ORDER NOW AT writtask.com | of non-disclosure of crucial evidence. A solution to this problem would be an electronic system which is costly. Lastly, an open file system would require a…

References

Grunwald, B. (2016). The Fragile Promise of Open-File Discovery. Conn. L. Rev., 49, 771.

Turner, J. I., & Redlich, A. D. (2016). Two models of pre-plea discovery in criminal cases: An empirical comparison. Wash. & Lee L. Rev., 73, 285.