Federal Defendants' Right to Discovery at Sentencing

In criminal matters, the defendant is entitled to pretrial discovery under the due process clause of the United States Constitution in order to know what he will be facing at trial. However, in federal court where the overwhelming majority of cases end in plea bargains, it is equally important that a defendant examine everything the government intends to use against him at sentencing. Although the defendant is not entitled to this evidence in advance of sentencing, the Middle District of Pennsylvania is leading the way towards requiring mutual discovery at sentencing.

To learn more about this new precedent, Read more here.