A Forrest Gump solution to the “epidemic” of Brady violations and other similar horrors

Forrest famously said: "Stupid is as stupid does."

Forrest Gump famously said: “Stupid is as stupid does.”

 

As you can tell, I am simple-minded just like Mr. Gump. So, here’s an idea from a dolt. Prosecutors shouldn’t hide shit.

More specifically, why don’t federal prosecutors adopt an informal “open file” discovery practice for most matters, particularly run of the mill drug cases and the like. Screw Federal Rule of Criminal Procedure 16 and the Jencks Act.

Invite defense counsel to come to your office, offer them a beer and give them your file for review including all the witness interviews and proffer statements. Let them copy what they want subject to whatever restriction you have to impose to protect the physical safety of witnesses. Do this early on and make a record of what you are doing (except for the beer).

Why is this a bad idea?

RGK

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