The open file discovery policy requires the prosecutors to disclose their prosecution information to the defense, except for some files such as those containing witness names and medical records. Early release of the files implies that the defense will prepare effectively to ensure that it gets the best opportunity for plea bargaining. Without an open file policy, the prosecution has the power to decide which information is released to the defense, and when it is released. Moreover, the open file policy is crucial in reducing the risk of intentional or unintentional errors during the legal proceedings ( Bishop, 2010) . It can also take some pressure off the prosecution team since they will be dealing with a well-informed defense during the trial process. Most importantly, the open file policy enhances the presumption of innocence during trial the process. After all, the presumption of being innocent until proven guilty is key to any trial process.
Without proper exceptions to the open file policy, the legal proceedings could encounter issues of witness intimidation. In some reported cases, the defense takes advantage of the information obtained from the open files to distort the legal proceedings, such as posting the information on social media hence intimidating witnesses ( Abell, Sheehy & Bakht, 2014) . Another disadvantage of the policy is that the process of disseminating information in the open file directory involves additional costs that increase logistical and resource burden. For example, the process requires additional employees to arrange the files and other expenses concerning paperwork and logistics. Additionally, disclosure of prosecution information to the defense could lead to misuse of the information. Miller et al. (2019) indicate that some prosecutors have reported the fabrication of defenses based on the information obtained from the open files. Similarly, some prosecutors have complained they are often asked to reveal their cards, but the defense does not reciprocate the same.
Delegate your assignment to our experts and they will do the rest.
References
Abell, J., Sheehy, E. A., & Bakht, N. (2014). Criminal Law & Procedure: Proof, Defences, and beyond . Concord, Ontario: Captus Press.
Bishop, J. P. (2010). Prosecution and defense . Place of publication not identified: Nabu Press.
Miller, M. L., Wright, R. F., Turner, J. I., & Levine, K. L. (2019). Criminal procedures: Prosecution and Adjudication: Cases, Statutes, and Executive Materials . New York: Wolters Kluwer.
