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Criminal Discovery And The Costs Of Reproduction: A Burden Taxpayers Should Not Have To Bear, Gary C. Pinter

Northern Illinois University Law Review

This comment asserts that a prosecutor's office may charge privately-retained defense counsel for the costs the prosecutor's office may incur as a result of reproducing material that may be requested via discovery. Although the evolution of discovery has resulted in rules or statutes that differ with respect to a particular jurisdiction's scope of discovery or its adopted approach, the overwhelming majority of discovery provisions regarding the prosecutor's duty of disclosure are very similar. The duty essentially requires that the prosecutor make the particular material available and permit its inspection and reproduction. Consequently, to forbid a prosecutor from seeking reimbursement for …