The presence of perjury in criminal proceedings today is extensive despite the efforts of the courts to eradicate it and constitutes a very serious threat to the administration of criminal justice and thus to the welfare of the country as a whole." * * * All these dangers are more inherent in criminal proceedings where the defendant has much more at stake, often his own life, than in civil proceedings. Moreover, many witnesses, if they know that the defendant will have knowledge of their names prior to trial, will be reluctant to come forward with information during the investigation of the crime. "Another result of full discovery would be that the criminal defendant who is informed of the names of all the State's witnesses may take steps to bribe or frighten them into giving perjured testimony or into absenting themselves so that they are unavailable to testify. And the evil of permitting what defendant here seeks is the subject of the following comment: 203 (1953), observed "the fundamental difference between civil and criminal proceedings" (at p. Chief Justice Vanderbilt, in the recent case of State v. None of the authorities submitted in the memoranda is on all fours with the situation dealt with, but to the extent that they are relevant at all, they support the conclusion I have reached. Let me repeat, the rule does not apply in such a situation, as I understand it. The only contradiction that can develop in that regard is what may be inferable from circumstantial proof. Defendant's witnesses of alibi will not be directly contradicted. It is a far different thing to have the names of all the witnesses in the State's case.Īs matters now plainly portend, there will be no direct issue of alibi in the trial. It is one thing to have the names of the State's witnesses of alibi. Surely a drastic exaction like that now sought could never result from mere implication. *241 If the rule did intend that such a requirement was to be enforced, in any circumstance whatever, rudimentary principles of construction would require that it plainly and expressly so declare. The cases submitted by defendant's attorneys afford no authority for what is urged. Certainly I am aware of no such provision. If there is any provision of rule or statute that requires the State to do that, I think it would have to be regarded as something of a novelty in the law. The State could not comply with defendant's demand without giving him a list of all its witnesses, and in relation to every aspect of its circumstantial case. It is my opinion that the provisions of the rule here in question do not contemplate a situation of the kind presented, but that their purpose is confined to the categorical subject of alibi as such. I am convinced that in these circumstances the rule does not require it. Notwithstanding this, defendant insists that the names and addresses of the State's witnesses be submitted to him, and that the rule requires it. The prosecutor declares in response to defendant's motion that the State has no witnesses by whose testimony he can directly "establish defendant's presence at the scene of the alleged offense" and that the State's case in its entirety is circumstantial in character. "Within 10 days after receipt of such bill of particulars from the defendant, the prosecuting attorney shall, on written demand therefor, furnish the defendant or his attorney with a written bill of particulars stating the names and addresses of the witnesses upon whom the State intends to rely to establish defendant's presence at the scene of the alleged offense." He now moves that the State be ordered to supply reciprocal particulars under subdivision (b) of the cited rule which provides: 3:5-9(a) relating to the defense of alibi. Cohen, attorneys for defendant.ĭefendant has heretofore furnished the prosecutor with a bill of particulars under R.R. Canter, First Assistant Prosecutor, of counsel). Law, County Prosecutor, attorney for the State (Mr. Superior Court of New Jersey, Hudson County Court, Law Division.
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