Rule 412: Disclosure to Accused

General Overview

• Rule 412 outlines the obligations of the State to disclose certain information to the defense counsel upon written motion.
• Applies to matters within the State's possession or control unless otherwise restricted.

Key Provisions

(a) Required Disclosures

1. Witness Information

   • Names and last known addresses of witnesses the State intends to call.
   • Includes relevant statements and memoranda of oral statements.
   • Court examination of memoranda for substantial verbatim reports.

2. Statements by Accused or Codefendant

   • Written/recorded oral statements and witness lists related to these statements.

3. Grand Jury Minutes

   • Transcripts of relevant portions of the grand jury minutes.

4. Expert Reports

   • Reports or statements of experts, qualifications, and results of relevant exams or tests.

5. Documents and Objects

   • Any tangible evidence the prosecution intends to use or that was obtained from the accused.

6. Prior Convictions

   • Records of prior convictions for witness impeachment purposes.

(b) Electronic Surveillance

• Obligation to inform defense of any surveillance of the accused or their premises.

(c) Exculpatory Evidence

• Duty to disclose any material negating guilt or reducing punishment.
• Requires good-faith effort to specifically identify such material.

(d) Timing of Disclosures

• Obligations must be fulfilled as soon as practicable after a defense motion.

(e) Manner of Disclosure

• Can be mutually agreed upon or involve inspection, testing, copying, and photographing.

(f) Information Flow

• Ensures all relevant information is accessible between investigative personnel and the State.

(g) Third-Party Material

• State must attempt to acquire relevant materials from other government entities upon defense request.

(h) Discretionary Disclosures

• Court may require disclosure of other relevant materials if materiality and reasonableness are demonstrated.

(i) Denial of Disclosure

• Court can deny disclosure if risks outweigh benefits (e.g., harm, intimidation, economic reprisals).

(j) Matters Not Subject to Disclosure

1. Work Product

   • Legal research or internal reports/opinions.

2. Informants

   • Identity protected unless constitutional rights are infringed.

3. National Security

   • Disclosure not required if it risks grave national security prejudice.

Additional Notes

• Amendments and effective dates outlined, with adaptations depending on potential unfairness in ongoing proceedings.
• Committee concerns and recommendations in ensuring disclosures do not conceal exculpatory or mitigating information.
• Clarifications on the scope of disclosure and identification duties, aiming to avoid retroactive judgment based on defense theories revealed post-disclosure.

Committee Comments

• Emphasizes the importance of pretrial disclosure to facilitate defense preparation and trial efficiency.
• Specific identification of exculpatory information not seen as an admission or necessarily admissible.
• Addresses the challenges and intentions behind broader disclosure obligations beyond the immediate possession of the State.