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NACDL Applauds Bipartisan Discovery Reform Legislation Introduced in the U.S. Senate (NACDL News)
By Ivan J. Dominguez
NACDL News columns.
On March 15, 2012, leading U.S. senators introduced bipartisan legislation to bring about sensible discovery reform in criminal prosecutions. The bill is entitled the “Fairness in Disclosure of Evidence Act of 2012.” Sen. Lisa Murkowski (R-Alaska) and Sen. Dan Inouye (D-Hawaii) are the lead sponsors who introduced the legislation, which can be found at www.nacdl.org/discoveryreform.
“The duty to provide favorable evidence has often been misunderstood or ignored,” NACDL President Lisa Monet Wayne explained. “Even well-intentioned prosecutors lack the clear statutory guidance necessary to ensure the full and prompt disclosure to the defense of favorable evidence. That lack of disclosure contributes to unjust and wrongful prosecutions and convictions. This legislation fixes that problem. The ‘Fairness in Disclosure of Evidence Act of 2012’ provides clear and meaningful standards governing the prosecution’s duty to disclose any and all evidence that could help the accused defe
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