By the way Congrats John! Hope you'll still have time to train.
Does anyone provide more restrictive discovery for cases involving child abuse (in which the defendant is more likely to fabricate a story to fit the outcry)?
We exclude from discovery our own office notes, unless we feel it may be helpful. I also tell defense attys. that I don't guarrantee that we've copied everything in the file, and they are free to look in our file to double-check. If the cops give us supplemental reports or witness statements, we'll make those available as well, but we tell the def. attys it's their job to ask us for it. If we remember to, tho, we'll send them the new stuff as it comes in.
We inform them of the existance of any video tapes, and offer to make them a copy. We ask as a favor they give us a blank video tape or a check for $6.00 (none have stiffed us).
All of our regular local attorneys are happy with this program. Once in a while we'll have an outside attorney show up, and he'll be leery of accepting our deal. I always suggest he talk to one of the local defense attorneys, who usually convinces him we're not pulling any punches.
We ask the police agencies to supply us with extra copies of their reports, so we don't have that much copying to do.
I can't recall when we last had a discovery hearing. The policy works extremely well.
The defense attorney does not get a copy of anything in the file until a discovery order is signed. We have three district courts and three county courts at law that handle misdemeanors. All except one county court have agreed discovery orders. These are most of the time signed by the prosecutor and the defense attorney without problem. The one county court that does not have an agreed discovery order requires a hearing on the matter. (Normally never requested)
Of course all Brady material is given before trial.
Without exception, offense reports are never handed to the defense attorney before trial. Video and audio tapes are copied for free if the defense attorney brings a blank tape.
404(b) is not given unless requested.
This does not seem to slow pleas in our county. Our misdemeanor numbers have stayed very low in comparison to other counties our size.
As for witness lists, we don't agree that they are entitled to that. We want to keep our options open at trial. But I frequently inform defense attys who I expect to call.
I don't like a strict closed file policy for two reasons. First, most cases are resolved by pleas, and the guy who most often makes the plea happen is the defense atty. The more info he has to contradict the nonsense he hears from his client, the better able he is to work a plea. Secondly, when you go to trial with a closed file and court-ordered discovery, your ability to change course in trial is somewhat restricted. Furthermore, there is the potential for unexpected Brady problems. For example, it may not occure to you to report an obviously false statement to defense counsel, but on appeal it can be made to look like you hid potentially valuable evidence. If all the false leads, etc. are in the offense report, the defense has been forewarned, and there is no Brady problem.