Can Fed. R. Crim. P. 17(c) Even the Playing Field?

As the pace and scale of federal white-collar prosecutions grow, an inherent inequality in the process threatens the fundamental fairness of the criminal justice system: the uneven access to information. The government typically spends years investigating with the grand jury and using subpoena powers, immunity offers, and foreign treaties to gather virtually any document or testimony it wants. Moreover, because the government has no obligation to subpoena exculpatory records, it can purposely sanitize its case, avoiding subpoenaing documents that are helpful to the defendant.

18 minute read March 29, 2006 at 10:10 AM
By
Michael Kendall And Lauren Papenhausen
Can Fed. R. Crim. P. 17(c) Even the Playing Field?

As the pace and scale of federal white-collar prosecutions grow, an inherent inequality in the process threatens the fundamental fairness of the criminal justice system: the uneven access to information.

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