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Discovery Reform
Discovery rules that leave defendants in the dark about the evidence against them undermine fairness and due process and increase the risk of wrongful convictions. Criminal discovery can be divided into two categories: (1) disclosure of so-called “exculpatory evidence” that is constitutionally required under the Supreme Court’s 1963 Brady opinion and (2) disclosure that is required by statute or court rule. There is great variation among jurisdictions regarding the amount of discovery required by statute/rule and even the Brady decision.
The federal system and most states allow prosecutors to withhold evidence needed by the defense. To encourage reforms, NACDL has adopted two model bills: one prescribing open-file discovery and another clarifying the Brady rule by requiring the disclosure of all favorable evidence.
NACDL MODEL LEGISLATION
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NACDL Model Order Pursuant to the Due Process Protections Act of 2020 (January 2021)
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NACDL Model Open Discovery Bill (May 2014)
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Fairness in Disclosure of Evidence Act (Introduced in the U.S. Senate in March 2012)
More on Prosecutorial Accountability
LEGISLATION & POLICY
- State Legislative Victories
- Federal Reform Legislation
- NACDL Comments to the Judicial Conference Advisory Committee on Criminal Rules on proposed amendments to pretrial expert disclosure (February 2021)
- Reform Proposals
- Brady-Giglio Guide for Prosecutors, American College of Trial Lawyers Federal Criminal Procedure Committee (2021)
- Pending State Legislation
- Priority Federal Legislation
- Department of Justice Policies
RESOURCES
- Reports & Research
- The Champion® Brady Issue
- Federal Criminal Discovery Blue Book lawsuit
- Interview with Senator Stevens' Counsel
- NACDL's "America Needs Sensible Discovery Reform" Webcast
