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Jencks Act : ウィキペディア英語版
Jencks Act
The Jencks Act, , provides that the government (prosecutor) is required to produce a verbatim statement or report made by a government witness or prospective government witness (other than the defendant), but only after the witness has testified. Jencks material is evidence that is used in the course of a federal criminal prosecution in the United States. It usually consists of documents relied upon by government witnesses who testify at trial. The material is described as ''inculpatory'', favoring the United States government’s prosecution of a criminal defendant. The Jencks Act also covers other documents related to the testimony, or relied upon by government witnesses at trial. Typically, the material may consist of police notes, memoranda, reports, summaries, letters, related to an indictment or verbatim transcripts used by government agents or employees to testify at trial. This also includes a witness's grand jury testimony, if the witness testified at trial. Fed. R. Crim. Pro. 6
After the government's witness testifies, the court must, upon motion of the defendant, order the government to produce any statement of the witness in the government's possession relating to the subject matter as to which the witness testified. The court’s denial of such a motion by a defendant is reversible error, although the court need not order the disclosure ''sua sponte''.〔''Government of the Virgin Islands v. Jamil Isaac'', 2005 U.S. Dist. LEXIS 11038.〕 The usual remedy for failure of the government to produce the documents is a mistrial and dismissal of criminal charges against the defendant. 〔''Jencks v. United States'', 353 U.S. 657 (1957).〕
==Overview==

The Jencks Act was enacted by the United States Congress in response to the 1957 Supreme Court decision in ''Jencks v. United States,''〔353 U.S. 657, 1 L. Ed. 2nd 1103, 77 S. Ct. 1007, 75 Ohio L Abs. 465, 40 BNA LRRM 2147, 32 CCH LC P 70731〕 in which the Court established various rules for the availability and production of statements of prosecution witnesses in federal criminal trials.
Clinton Jencks, born in Colorado Springs, Colorado in 1918, was a labor organizer in New Mexico. In 1954, he was convicted of lying about being a member of the Communist Party of the United States. During his trial, the government refused to produce documents relied upon by prosecution witnesses who were FBI informants, a move that prompted the passage of the act.
Clinton Jencks starred in the 1954 movie Salt of the Earth which was a dramatized version of his struggles organizing labor.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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