HOUSE_OVERSIGHT_017657.jpg
1.79 MB
Extraction Summary
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People
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Events
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Quotes
Document Information
Type:
Legal document / law review article excerpt
File Size:
1.79 MB
Summary
This document is a page from a 2007 Utah Law Review article (page 22 of 78 in the exhibit) discussing legal procedure rules (Rule 12.1 and 12.3) concerning the disclosure of witness information in criminal trials. It specifically focuses on the balance between a defendant's right to information and the protection of victims' addresses and telephone numbers. The document was produced by David Schoen to the House Oversight Committee, as indicated by the footer and Bates stamp.
People (2)
| Name | Role | Context |
|---|---|---|
| David Schoen | Attorney / Document Custodian |
Name appears centered at the bottom of the document, suggesting this was part of his file or submission.
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| Cassell | Author / Legal Scholar |
Cited in footnotes 178 and 179 regarding 'Proposed Amendments'.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| Utah Law Review |
Source of the text (2007 Utah L. Rev. 861).
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| Advisory Committee |
Mentioned as proposing limited protections for victims' addresses.
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| House Oversight Committee |
Inferred from Bates stamp 'HOUSE_OVERSIGHT'.
|
Relationships (1)
Document bears David Schoen's name and a House Oversight Bates stamp.
Key Quotes (2)
"If the government intends to rely on a victim's testimony to establish the defendant's presence at the scene of the alleged offense and the defendant establishes a need for the victim's address and telephone number, the court may... fashion a reasonable procedure that allows the preparation of the defense and also protects the victim's interests."Source
HOUSE_OVERSIGHT_017657.jpg
Quote #1
"The Advisory Committee proposed more limited protection for victims' addresses and telephone numbers"Source
HOUSE_OVERSIGHT_017657.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (3,084 characters)
Page 22 of 78
2007 Utah L. Rev. 861, *891
2007 Utah L. Rev. 861, *891
(1) Disclosure. If the defendant serves a Rule 12.1(a)(2) notice [regarding intent to present an alibi defense], an attorney for the government must disclose in writing to the defendant or 178 the defendant's attorney:
(A) the name, address, and telephone number of each witness and the address and telephone number of each witness (other than a victim) that the government intends to rely on to establish the defendant's presence at the scene of the alleged offense; and
(B) each government rebuttal witness to the defendant's alibi defense.
[*892] (2) Time to Disclose. Unless the court directs otherwise, an attorney for the government must give its Rule 12.1(b)(1) disclosure within 10 days after the defendant serves notice of an intended alibi defense under Rule 12.1(a)(2), but no later than 10 days before trial.
(c) Continuing Duty to Disclose. Both an attorney for the government and the defendant must promptly disclose in writing to the other party the name of each additional witness, and the address and telephone number of each additional witness (other than a victim) if:
(1) the disclosing party learns of the witness before or during trial; and
(2) the witness should have been disclosed under Rule 12.1(a) or (b) if the disclosing party had known of the witness earlier.
179
179
In addition, I proposed making a similar change to Rule 12.3 "regarding the address and telephone number of victims who will be used to disprove a public-authority defense." 180
The Advisory Committee proposed more limited protection for victims' addresses and telephone numbers:
(b) Disclosing Government Witnesses.
(1) Disclosure.
(A) In general. If the defendant serves a Rule 12.1(a)(2) notice, an attorney for the government must disclose in writing to the defendant or the defendant's attorney:
(i) (A) the name, address, and telephone number of each witness and the address and telephone number of each witness (other than a victim) that the government intends to rely on to establish the defendant's presence at the scene of the alleged offense; and
(ii) (B) each governmental rebuttal witness to the defendant's alibi defense.
(B) Victim's Address and Telephone Number. If the government intends to rely on a victim's testimony to establish the defendant's presence at the scene of the alleged offense and the defendant establishes a need for the victim's address and telephone number, the court may:
(i) order the government to provide the information in writing to the defendant or the defendant's attorney; or
[*893] (ii) fashion a reasonable procedure that allows the preparation of the defense and also protects the victim's interests.
....
(c) Continuing Duty to Disclose.
....
(c) Continuing Duty to Disclose.
________________
178 The excision of the phrase "the defendant or" was not in my previous proposal. See Cassell, Proposed Amendments, supra note 4, at 872. It is included here for reasons discussed infra at note 190 and accompanying text.
178 The excision of the phrase "the defendant or" was not in my previous proposal. See Cassell, Proposed Amendments, supra note 4, at 872. It is included here for reasons discussed infra at note 190 and accompanying text.
179 Cassell, Proposed Amendments, supra note 4, at 873.
180 Id.
DAVID SCHOEN
HOUSE_OVERSIGHT_017657
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