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Keeping The DOJ Discovery Playbook Secret

Publisher: Law360
September 26, 2016
Day Pitney Author(s) Daniel E. Wenner

Dan Wenner wrote an article, "Keeping The DOJ Discovery Playbook Secret," for Law360. The article is about the significance of a defendant's right to receive exculpatory evidence and how the Department of Justice's Blue Book, which guides federal prosecutors in the practice of discovery in criminal prosecutions, creates more of a challenge to criminal defense attorneys. The DOJ does not make the Blue Book publicly available to avoid its being used against the government in criminal prosecutions. Wenner questions whether the Blue Book is designed to arm prosecutors about how to prevent defendants from obtaining all of the discovery they want and, if so, whether defense attorneys should be allowed to see the Blue Book to know that is the case.

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