An argument against open-file discovery in criminal cases

Fox presents an overview of what open-file discovery entails, including some of the key arguments trumpeted by supporters and some of the counterarguments offered by those opposed to open-file discovery. He discusses how open-file discovery relates to constitutional disclosure requirements and the timing issues related to plea bargaining and trial. He also analyzes the first major hurdle to the implementation of open-file discovery: economic constraints of the criminal justice system, with a particular focus on the prosecution and defense of indigents. The analysis will consider the current economic climate of indigent defense and also the economic feasibility of open-file discovery. Then he details the second major obstacle that an open-file discovery regime would face: the practical consequences of open-file discovery and the actual coincident benefits to defendants.