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The bar against compulsory disclosure prior to the testimony of the witness whose statement is sought cannot be circumvented by resort to the Freedom of Information Act, [36] or Rule 16 of the Federal Rules of Criminal Procedure. [37] It is left to the discretion of the trial court to determine whether Jencks material can be delivered before trial.
In United States criminal procedure, the Federal government and certain states have reciprocal discovery laws that compel defendants to disclose some information to prosecutors before trial. [1] Within the federal court system, [ 2 ] this material is referred to as reverse Jencks Act material , after the United States Supreme Court case which ...
Expert witnesses; Privileges. Privilege. ... Federal Rules of Evidence Online ... This page was last edited on 30 June 2024, ...
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
The Brady doctrine is a pretrial discovery rule that was established by the United States Supreme Court in Brady v. Maryland (1963). [2] The rule requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case. Exculpatory evidence is evidence that might exonerate the defendant. [3]
In two of those cases -- a federal case accusing Trump of attempting to subvert the results of the 2020 election and a New York state prosecution charging him with concealing hush money payments ...
Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. [1]
A potential government witness in the Mar-a-Lago classified documents case against fDonald Trump has received online threats that are under federal investigation, special counsel Jack Smith said ...