Abstract

Pretrial discovery in criminal cases has been the subject of considerable comment in recent years. Although the great majority of commentators advocate expanding the range of permissible discovery, the case law throughout the United States at the present time indicates that an accused has, if any, only a very limited right of pretrial discovery. A definite trend toward more liberal discovery is currently reflected in the judicial decisions of a few states as well as in the enactment of statutes or rules in other jurisdictions.

Arizona must be classed among those states in which an accused is severely limited in asserting any right to pretrial discovery. In light of the present trend toward expanding pretrial discovery, and especially in view of the recent liberal modification of the Federal Rules of Criminal Procedure from whence Arizona's criminal procedure rule for pretrial discovery was taken, it would appear that the time has arrived for a re-evaluation of Arizona's position. Such re-evaluation must, of necessity, take cognizance of the history of pretrial discovery, the scope of pretrial discovery as currently practiced, and the various alternatives if a change is deemed desirable.

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