In the latest issue of Georgetown Law Journal, Ninth U.S. Circuit Court of Appeals Judge Alex Kozinski, one of the nation’s most influential judges, claims that prosecutorial advantage in state and federal courtrooms is out of control.
Specifically, Judge Kozinski is concerned about reluctance on the part of the Department of Justice to pursue instances of prosecutorial abuse, as well as current discovery rules that give prosecutors too much discretion in deciding whether to disclose potentially exculpatory evidence.
Judge Kozinski supports a bill proposed by Senator Lisa Murkowski (R-Alaska) called the Fairness in Disclosure of Evidence Act which would require prosecutors to disclose any evidence that may “reasonably appear to be favorable to the defendant in a criminal prosecution.”
Read the full story here.