May Prosecutors Bar Note Taking of Witness Interviews?

, New York Law Journal

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In his Ethics and Criminal Practice column, Joel Cohen, of counsel at Stroock & Stroock & Lavan, writes that truth-telling witnesses will inevitably remember probative events differently on different occasions, and one can easily understand why a prosecutor might prefer not to have to transmit a contemporaneous-to-the-inconsistency piece of paper directly into the hands of a skillful defense lawyer. But what law exists on this issue, given that no federal case law affirmatively obligates prosecutors or their witnesses to take notes?

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