Categories
Criminal Justice

Open Discovery Scheme of Evidence

Conducting a trial in a court of law is executed for the purpose of establishing the truth and guarantees a fair hearing for the defendant and the complainant. The defendant must be given a favorable environment through providing all the vital information that will facilitate in the preparation for the defense. Planning the most suitable defense requires that specific information is provided to the defendant and it is a legal right that the defendant is given access to this information. To achieve this objective, the prosecutor has the obligation of providing very broad discovery to the defense and the best approach to achieve this objective is through open discovery scheme of evidence in court trial (Rockwood, 114).

An open discovery scheme of evidence in court trial involves a process of availing important information that the prosecution holds against the defendant in a manner that is non restrictive. The use of much more restrictive discovery scheme of evidence in court trial which lacks the need for so much openness from the prosecution limits the chances for a fair and impartial trial. Although the information that is expected from the prosecution has some legal limits, it is important to give the defendant a favorable environment for arguing the case through open discovery scheme of evidence (Anderson, 24).

A defendant charged in court for a crime is subjected to a time period to request for evidence discovery. The duty of the prosecution is to provide the relevant disclosure of evidence to the defendant through prompt disclosure on its discovery even at the time that the trial is in progress. Through the open discovery scheme of evidence in court trial, the process of disclosure is made significantly broad that empowers the defendant in making informed decisions and eliminates the chances of surprise at the time of trial (Anderson, 44).

            The use of open discovery scheme of evidence in court trial gives the defendant an access to exculpatory evidence that is very important to clear any adduced and alleged guilt without prejudice. The prosecution must not attempt to cover any form of evidence that is vital in proving the innocence of the defendant (Rockwood, 114).

It is a legal obligation of any government to guarantee a defendant with rights to fair and impartial trial. Following open discovery scheme of evidence is just a right step of low compliance and respect for the defendant’s rights and its failure is a manifestation of misconduct. Withholding of vital evidence against the defendant is one common form of misconduct that should be avoided at all instances.

Drug abuse prevention by treatment

The abuse of drug is so popular among the youth and is one of the main causes of divorce, violence, job determination, separation of children from their parents, money problems, hopelessness feelings, single parenthood, bad relationship, aberrant behavioral and emotional difficulties among most children. So many abusers of drugs end up in jail or prison. They are forced to steal peoples’ property in order to obtain money for buying drugs. Majority of them end up in high crimes when under influence of drugs. Most of people in local jails and state prison have regularly abused alcohol or drugs but not more than a fifth of these criminal obtain treatment while in prison.  The children whose parents were poisoned in the year 1999 were 1.5 million. Most of the children were younger than 10 years old (Addiction Technology Transfer Center, 112). The parents who were alcohol and drugs abuser bear children who are extensively considered at risk from a number of behavioral and physical problems as well as stuff abuse problems (Arnett, 235–254).

Treatment seems to offer the best and long lasting solution in drug abuse prevention (Arnett, 235–254). The treatment can reduce drug usage by half, brings crime level down and lower the arrest level. Prison is the best place to initiate the treatment programs against drug abuse, in which case, abusers of drugs can get proper help for addiction. The criminals and families must ask if the availability of drug abuse treatment. The National Institute of Drug Abuse and part of the National Institute of Health has unrestricted proposal on successful treatment on offenders of drug abuse. The proposal has the following information: Addiction of drug is a disease influence the behavior. It can change the body and brain chemistry for like months or even the whole year once an individual stops using, so deterioration is frequently element of the healing procedure. In additional, detoxification in prison alone is not enough treatment. It should be treated like any other disease. The Drug abusers cannot change their actions without taking concern for their addiction. Treatment that begins in penal complex or prison must be continued after discharge.

Taking treatment as the best option for drug abuse prevention gives the victim additional advantages such as intervention, intensive outpatient services, transitional services of housing, comprehensive evaluation and detoxification. Pregnant females are in most cases given priority and education along with counseling is provided.

Works cited

Addiction Technology Transfer Center. The Change Book: A Blueprint for Technology Transfer. 2nd ed. Kansas City, MO: Addiction Technology Transfer Center; 2004.

Anderson, Alan. Issuing and Managing Litigation Hold Notices, 64 BENCH & B. MINN. 20, 2007.

Arnett, JJ. The developmental context of substance use in emerging adulthood. Journal of Drug Issues. 35 (2):235–254, 2005.

Rockwood, Rebecca. Comment, Shifting Burdens & Concealing Electronic Evidence: Discovery in the Digital Era, 12 RICH. J. L. & TECH. 16, 2006.