New legislation in N.C. would roll back the "open discovery" law that

[pnwmom]

served to vindicate the Duke students -- and protects all defendents, black and white, rich and poor.

Current law in N.C. requires the prosecution to hand over all their evidence to the defense, but new proposed legislation would roll back that law. Without it, those students may very well have been convicted. The Duke student's attorney, Joe Cheshire, in the press conference urged that this bill be defeated.

[AX10]

1. Whoever supports this bill needs to be routed from the halls of power!

[pnwmom]

2. I agree. There should be an outcry.

[loudsue]

9. Do you have a link?

:kick:

[Blackhatjack]

3. You can bet 'special interests' want the open discovery standard changed....

why on earth would it be appropriate to 'hide' evidence against an accused. If you are the State, have the burden of proof, and the have the goods to obtain a conviction --why not turn it over in advance of trial? We do not condone trials by 'ambush' in North Carolina.

Well, one reason might be to convince a defendant to accept a plea bargain and avoid trial because he/she is unsure what evidence the prosecutor is holding back that might come out at trial.

[mmonk]

4. I have doubts that it will carry the day.

I think open discovery will stand.

[loudsue]

5. Who is sponsoring this bill? Do you know the # of the bill?

I'm trying to find it on the website, and I don't see a bill title that would cover this.

If we find out which bill it is, I can find out who is sponsoring it, and we can rally our reps & senators against it.

:kick:

[flyingfysh]

6. I thought discovery was standard practice everywhere

Letting the defense see everything the prosecution has is simple justice. I'm surprised any lawyer would think otherwise.

Otherwise, the prosecution could ambush the defense with last-minute "evidence" that the defence would not have time to investigate and refute.

[flyingfysh]

7. One more point

Everyone should see the comedy "My Cousin Vinny" (which is hilarious), in which a greenhorn incompetent lawyer fresh out of law school and roped into defending his cousin on a murder charge in Alabama, finds out from his girlfriend that he has the right to see everything the prosecution has. Using that information, he is able to refute the charges and win the case.

[loudsue]

8. Could someone site the number of the bill so us North Carolinians can

write our State's congresscritters?

:kick::kick::kick::kick:

[loudsue]

10. I have looked on the legislature's web site, and I don't see this bill.

:kick: