Failing to Provide Criminal Discovery

What are the appropriate sanctions for the prosecuting attorney’s failure to provide discovery?  In Taylor v. Illinois, 484 U.S.400, 108 S.Ct 646 (1988) the United States Supreme Court held these factors to be important to the court’s consideration in fashioning sanctions:

(a) The reason for non-disclosure;

(b) Any prejudice to the party seeking disclosure;

(c) The relevance and importance of the non-disclosed materials;

(d) The ability of the party reasonably to make disclosure;

(e) The relevance and importance of the non-disclosed material;

(f) Whether a continuance can rectify any prejudice; and

(g) Whether the failure to disclose was negligent, willful or in bad faith.

For a good discussion of this issue please see Barone, Defending Drinking Drivers, section 431 and 27 ALR 4th 105 (1984) and Ohio Rule of Criminal Procedure 16.