Source Publication Abbreviation
Cornell J.L. & Pub. Policy
This article examines several 2009 cases involving prosecutorial misconduct arising from the federal government's failure to live up to its criminal discovery obligations. The article focuses specifically on U.S. v. W.R. Grace, a Clean Air Act criminal case in Montana. The authors' analysis of Grace and other cases suggests that the absence of a clear, enforceable rule jeopardizes the government's ability to fairly prosecute its cases and supports amending Rule 16 to eliminate the gap between prosecutors' legal and ethical duties, and to require the pretrial disclosure of evidence favorable to the defendant.
Andrew King-Ries and Beth Brennan,
A Fall from Grace: United States v. W.R. Grace and the Need for Criminal Discovery Reform
, 20 Cornell J.L. & Pub. Policy 313
Available at: http://scholarship.law.umt.edu/faculty_lawreviews/27