Vermont’s Experiment in Criminal Discovery

by Peter Forbes Langrock of the Vermont Bar

http://books.google.com/books?id=l_DGwM93-64C&pg=PA733&dq=%22criminal+Discovery%22&hl=en&sa=X&ei=GkGHUei5D4iBywHmhYHQCw&ved=0CFUQ6AEwBjgK

“…the reason for the decrease in the likelihood of trial with use of the discovery provision was the same reason as the reason for the decrease in the likelihood under the open file policy: both give the defendant a much better chance to find from knowledge rather than conjecture what the state’s case is. Both remove the element of bluffing…”

“…defendants…usually have few resources with which to prepare their defense or investigate the facts surrounding their case. The right to take depositions has given a tool to the defendant whereby for minimum expenditure he can find out a great deal about the situation in which he finds himself.”

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