Back to Criminal Law News ListTHE NATION Detainee lawyers see stacked deck Guantanamo attorneys point to evidence and witnesses that are brought to their attention late if at allThe rules governing war-crimes trials here require defense lawyers and prosecutors to inform each other of witnesses they will call and evidence they will present at the military commissions. But the vague guidance on the process known as discovery doesn't impose any obligation to make timely disclosures. Nor does it oblige the government to make its witnesses available to the defense for pretrial interviews. Unique to the tribunal system that is governed by neither U.S. criminal law nor the Uniform Code of Military Justice, the commissions allow liberal use of classified evidence that a defendant doesn't get to see and protective orders that shield the identity of witnesses, interrogators and informants. Source: http://www.lawyers.com
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