Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

A Push for "Open Discovery"

The fight for "open discovery" in Ohio criminal cases received more support recently with the discovery of numerous ethical violations by former Cuyahoga County assistant prosecutor Carmen Marino. Marino, who has since retired, was shown to have offered immunity to a witness testifying in a prominent 1987 murder trial and then allowed the witness to deny that such immunity had been offered during his testimony. The latest example has provided further ammunition for those seeking open discovery in Ohio, a practice which would require the prosecution to share with defense lawyers any evidence that could benefit their client. Proponents of the current "closed discovery" practice counter that the current system, among other benefits, protects witnesses from potential retaliation.



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