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To request the Supreme Court to amend the Ohio Rules | 1 |
of Criminal Procedure to provide for open | 2 |
discovery. | 3 |
WHEREAS, Rule 16 of the Ohio Rules of Criminal Procedure | 4 |
requires the prosecuting attorney to disclose specified types of | 5 |
information, such as prior written statements made by the | 6 |
defendant and documents that are "material to the preparation of | 7 |
[a] defense," and "all evidence, known or which may become known | 8 |
to the prosecuting attorney, favorable to the defendant and | 9 |
material either to guilt or punishment"; and | 10 |
WHEREAS, Rule 16 requires the prosecuting attorney to | 11 |
disclose the results of medical and scientific reports and other | 12 |
types of information only upon motion of the defendant and order | 13 |
of the court; and | 14 |
WHEREAS, Determinations as to the materiality of evidence, | 15 |
the exculpatory nature of evidence, and similar matters are | 16 |
difficult questions upon which the prosecuting and defense | 17 |
attorneys may reasonably disagree and therefore should neither be | 18 |
left to the decision of the prosecuting attorney nor become the | 19 |
subjects of costly and time-consuming motions; and | 20 |
WHEREAS, Defense attorneys often need to make additional | 21 |
discovery motions, adding to the burdens borne by both counsel and | 22 |
the court; and | 23 |
WHEREAS, A rule requiring the prosecuting attorney, upon | 24 |
request of the defense attorney, to disclose all police reports, | 25 |
witness statements, and other relevant evidence, would promote the | 26 |
fair and expeditious administration of justice and reduce the | 27 |
strain on the judiciary; now therefore be it | 28 |
RESOLVED, That the General Assembly respectfully requests the | 29 |
Supreme Court to amend the Ohio Rules of Criminal Procedure to | 30 |
provide for open discovery in all criminal cases in all courts in | 31 |
this state, subject only to the court's power, upon motion of the | 32 |
prosecuting attorney and, if appropriate, an in camera hearing, to | 33 |
limit discovery in order to protect a witness or for other good | 34 |
cause as determined by the court. | 35 |