Governments Discovery Deficiency in a Criminal Case Subject to Increased Scrutiny
By KirD. Behre and Adam J Schwartz
The scope of discovery that corporate and individual criminal defendants receive from the federal government is often less than the scope of discovery afforded in civil cases. In addition, defense challenges to government productions of documents in criminal cases often do not receive careful judicial scrutiny. Frequently, general and self-serving government representations regarding the adequacy of the government's production are accepted by courts with little challenge or inquiry. However, a recent decision by a federal Magistrate Judge suggests a heightened level of judicial scrutiny and involvement in the criminal discovery process.