The federal criminal discovery rules were a carefully weighed compromise between the parties' needs for information and the defendant's need for protection from inquisatorial investigation. This balance may be upset when the more liberal discovery rules in a concurrent, related civil action permit information to be obtained which is not discoverable under the criminal rules. Two recent cases, United States v. Simon and United States v. American Radiator &- Standard Sanitary Corp., illustrate the difficulty of protecting the integrity of the criminal discovery rules in such a situation.
Michigan Law Review,
Federal Courts--Discovery--Stay of Discovery in Civil Court To Protect Proceedings in Concurrent Criminal Action--The Pattern of Remedies,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol66/iss4/6