NCJ Number
40504
Journal
Journal of Criminal Law & Criminology Volume: 67 Issue: 4 Dated: (DECEMBER 1976) Pages: 416-421
Date Published
1977
Length
14 pages
Annotation
IN GOLDBERG V. U.S. (1976) THE SUPREME COURT HELD THAT A STATEMENT TAKEN OR RECORDED FROM A GOVERNMENT WITNESS BY A GOVERNMENT LAWYER MUST BE PRODUCED FOR THE DEFENDANT AS SPECIFIED IN THE JENCKS ACT.
Abstract
IT ALSO HELD THAT A GOVERNMENT ATTORNEY CANNOT REFUSE TO PRODUCE THE STATEMENT ON THE GROUND THAT IT CONSTITUTES A PART OF HIS 'WORK PRODUCT'. IN ADDITION, THE COURT REITERATED THE PROPER ROLES OF THE TRIAL COURT AND APPELLATE COURT IN REVIEWING JENCKS ACT QUESTIONS, REINFORCING THE ROLE OF THE TRIAL COURT AS THE PROPER FORUM FOR DETERMINING THE FACTUAL SITUATIONS THAT SURROUND THE PRODUCTION OF A JENCKS ACT STATEMENT. THE JENCKS ACT PROVIDES FOR THE PRODUCTION IN A FEDERAL CRIMINAL PROSECUTION OF STATEMENTS OR REPORTS OF A GOVERNMENT WITNESS WHO HAS TESTIFIED ON DIRECT EXAMINATION, WHERE SUCH PAPERS ARE ENCOMPASSED WITHIN THE STATUTORY DEFINITION OF PRODUCIBLE STATEMENT AND RELATE TO THE SUBJECT MATTER OF THE WITNESS' TESTIMONY. THE JENCKS ACT DEFINES A STATEMENT AS: (1) A WRITTEN STATEMENT MADE BY SAID WITNESS AND SIGNED OR OTHERWISE ADOPTED OR APPROVED BY HIM; (2) A STENOGRAPHIC, MECHANICAL, ELECTRICAL, OR OTHER RECORDING, OR A TRANSCRIPTION THEREOF, WHICH IS A SUBSTANTIALLY VERBATIM RECITAL OF AN ORAL STATEMENT MADE BY SAID WITNESS AND RECORDED CONTEMPORANEOUSLY WITH THE MAKING OF SUCH ORAL STATEMENT. (3) A STATEMENT, HOWEVER TAKEN OR RECORDED, OR A TRANSCRIPTION THEREOF, IF ANY, MADE BY SAID WITNESS TO A GRAND JURY. (AUTHOR ABSTRACT)...ELW