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Examples
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Among other recommendations, states are encouraged to require all prosecutors 'offices to adopt and enforce clearly defined office manuals on the proper use of discretion, adopt open-file discovery in criminal cases, and establish prosecutorial review boards to investigate and sanction prosecutors who abuse their power.
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Among other recommendations, states are encouraged to require all prosecutors 'offices to adopt and enforce clearly defined office manuals on the proper use of discretion, adopt open-file discovery in criminal cases, and establish prosecutorial review boards to investigate and sanction prosecutors who abuse their power.
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Any possible risks associated with open-file discovery are greatly outweighed by the benefits because it can eliminate one of the most dangerous and widespread prosecutorial errors - the inadvertent suppression of potentially exculpatory evidence.
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Ohio does not have an open-file discovery statute.
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Among other recommendations, states are encouraged to require all prosecutors 'offices to adopt and enforce clearly defined office manuals on the proper use of discretion, adopt open-file discovery in criminal cases, and establish prosecutorial review boards to investigate and sanction prosecutors who abuse their power.
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The need for expanded discovery procedures was recognized by the ABA in 1994, when they recommended all states adopt open-file discovery.
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For example, The Justice Project recommends jurisdictions adopt open-file discovery in criminal cases, which would largely eliminate the ability of prosecutors to withhold important evidence, as they did in the Stevens case.
John Terzano: A Critical Step to Improving Prosecutorial Accountability 2009
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Last week a news story in the Cleveland Plain Dealer reveals that resistance to the American Bar Association's recommended open-file discovery laws are still strong in some jurisdictions.
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According to a recent USGS study (Assessment of Coal Geology, Resources and Reserves in the Gillette Coalfield, Powder River Basin, Wyoming, USGS open-file report 2008-1202), the coal reserve estimate for the Gillette coal field is 10.1 billion short tons, which is a mere 5\% of the original 200 billion ton resource total.
Energy Bulletin - 2009
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• Prosecutors should adopt open-file discovery policies in order to promote the fair administration of criminal and juvenile justice.
Law.com - Newswire 2009
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