In the United States, the Jencks Act ( 18 U.S.C. § 3500 ) requires the prosecutor 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.
120-571: 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,
240-440: A criminal defendant any significant evidence in its possession that suggests the defendant is not guilty ( exculpatory evidence ). On June 27, 1958, a 25-year-old Maryland man named John Leo Brady and his 24-year-old companion Charles Donald Boblit murdered 53-year-old acquaintance William Brooks. Both men were convicted and sentenced to death. Brady admitted to being involved in the murder, but he claimed that Boblit had done
360-577: A lower house based on population; and the Senate , an upper house based on equal representation for each state. Federalism provides substantial autonomy to the 50 states, while American values are based on a democratic political tradition that draws its inspiration from the European Enlightenment movement . One of the world's most developed countries , the United States has had the largest nominal GDP since about 1890 and accounted for over 15% of
480-562: A " Special Relationship " with the United Kingdom and strong ties with Canada , Australia , New Zealand , the Philippines , Japan , South Korea , Israel , and several European Union countries ( France , Italy , Germany , Spain , and Poland ). The U.S. works closely with its NATO allies on military and national security issues, and with countries in the Americas through
600-403: A case undermines a prosecution's integrity. Brady has become not only a matter of defendants' due process trial rights, but also of police officers’ due process employment rights. Officers and their unions have used litigation, legislation, and informal political pressure to push back on Brady ' s application to their personnel files. This conflict over Brady ' s application creates
720-572: A decentralized government that operated until 1789. After the British surrender at the siege of Yorktown in 1781 American sovereignty was internationally recognized by the Treaty of Paris (1783), through which the U.S. gained territory stretching west to the Mississippi River, north to present-day Canada, and south to Spanish Florida . The Northwest Ordinance (1787) established the precedent by which
840-505: A divide between prosecutors and police officers, and between police management and police labor. Brady evidence also includes evidence material to credibility of a non-police witness, such as evidence of false statements by the witness or evidence that a witness was paid to act as an informant. In United States v. Bagley (1985), the Court narrowed the reach of Brady by stating the suppressed evidence had to be "exculpatory" and "material" for
960-506: A document is a statement under the Act, the court may The act requires in camera inspection to resolve any question as to whether or to what extent the document relates to the subject matter of the witness' testimony. The determination of the production and admissibility of documents under the Jencks Act is not adversarial in nature, but only a proceeding to discharge the responsibility to enforce
1080-407: A few prominent industrialists , largely by their formation of trusts and monopolies to prevent competition. Tycoons led the nation's expansion in the railroad , petroleum , and steel industries. The United States emerged as a pioneer of the automotive industry . These changes were accompanied by significant increases in economic inequality , slum conditions , and social unrest , creating
1200-616: A founding member of the World Bank , Organization of American States , NATO , and the United Nations , as well as a permanent member of the UN Security Council . The first documented use of the phrase "United States of America" is a letter from January 2, 1776. Stephen Moylan , a Continental Army aide to General George Washington , wrote to Joseph Reed , Washington's aide-de-camp , seeking to go "with full and ample powers from
1320-515: 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. By the Act, Congress exercised its power to define
SECTION 10
#17330856913361440-583: A period of heightened, overt racism following Reconstruction, a time often called the nadir of American race relations . A series of Supreme Court decisions, including Plessy v. Ferguson , emptied the Fourteenth and Fifteenth Amendments of their force, allowing Jim Crow laws in the South to remain unchecked, sundown towns in the Midwest, and segregation in communities across the country , which would be reinforced by
1560-561: A potential government witness may be subject to production under the Jencks Act, provided the witness testifies at the trial. Some government practices have led to the destruction of such notes prior to any trial. This is not, of itself, considered to be bad faith. A judicial hearing may be held to determine if the destruction of the notes was bad faith. If it is the normal procedure of the agency to destroy notes, it will generally not be considered to be bad faith. United States The United States of America ( USA ), commonly known as
1680-488: A prominent leader in the early 1960s. The Great Society plan of President Lyndon Johnson 's administration resulted in groundbreaking and broad-reaching laws, policies and a constitutional amendment to counteract some of the worst effects of lingering institutional racism . The counterculture movement in the U.S. brought significant social changes, including the liberalization of attitudes toward recreational drug use and sexuality . It also encouraged open defiance of
1800-518: A sense of manifest destiny . The Missouri Compromise attempted to balance the desire of northern states to prevent the expansion of slavery into new territories with that of southern states to extend it, admitting Missouri as a slave state and Maine as a free state. It further prohibited slavery in all other lands of the Louisiana Purchase north of the 36°30′ parallel . As Americans expanded further into land inhabited by Native Americans,
1920-611: A status solidified after its involvement in World War I . After Japan 's attack on Pearl Harbor in December 1941, the U.S. entered World War II . Its aftermath left the U.S. and the Soviet Union as the world's two superpowers and led to the Cold War , during which both countries struggled for ideological dominance and international influence . Following the Soviet Union's collapse and
2040-492: A witness' statement must be produced. Notes taken by a prosecutor or a law enforcement officer pertaining to an interview with a potential government witness may be subject to production under the Jencks Act if the witness testifies at trial. An oral statement which has never been transcribed in any fashion is not a "statement" within the meaning of the Act. Moreover the Act does not require law enforcement officers to make any record of an interview, nor to submit interview notes to
2160-529: A witness's Jencks statement to the defendant, the court may strike the witness's testimony or declare a mistrial. The Jencks Act has been characterized as intending to assure defendants of their right to confront their accusers under the Sixth Amendment . Its provisions are not a constitutional mandate. Its requirements do not rise to constitutional stature. The Confrontation Clause of the Sixth Amendment
2280-401: A year). Juvenile correctional facilities are operated by local or state governments and serve as longer-term placements for any minor adjudicated as delinquent and ordered by a judge to be confined. As of January 2023, the United States has the sixth-highest per capita incarceration rate in the world—531 people per 100,000 inhabitants—and the largest prison and jail population in
2400-571: Is believed to be the first widespread culture in the Americas. Over time, indigenous North American cultures grew increasingly sophisticated, and some, such as the Mississippian culture , developed agriculture , architecture , and complex societies . In the post-archaic period , the Mississippian cultures were located in the midwestern , eastern , and southern regions, and the Algonquian in
2520-470: Is claimed that it is the "work product" of government lawyers. In a related manner, the production of a final report does not exclude the production of preliminary drafts. Tape recordings of an interview between a government agent and a government witness is producible under the Jencks Act after the witness has testified, if the recording relates to the witness' testimony. Composite drawings made from photographs are not producible. Photographs, if they relate to
SECTION 20
#17330856913362640-450: Is contained within Jencks Act material disclosure is generally timely if the government complies with the Jencks Act. The Jencks Act applies to statements "in the possession of the United States". This means in the possession of the federal prosecutor. Any information in control of the court reporter or the trial court is not subject to the Jencks Act. The Act does not affect material in control of state, as opposed to federal agencies. It
2760-431: Is important that requests made prior to trial which are denied on the basis of a statement by the prosecution that "the material is not in our possession" be reasserted at trial in front of the court. Otherwise, the court will consider the request to have been abandoned. The Jencks Act provides that no material shall be subject to subpoena, discovery or inspection until the said witness has testified on direct examination in
2880-492: Is known as the presidential system , in contrast to the parliamentary system , where the executive is part of the legislative body. Many countries around the world imitated this aspect of the 1789 Constitution of the United States , especially in the Americas. The Constitution is silent on political parties. However, they developed independently in the 18th century with the Federalist and Anti-Federalist parties. Since then,
3000-405: Is not necessarily violated by the government's failure to produce Jencks Act material, but may be violated by preventing the ability to confront government witnesses. In Brady v. Maryland it was ruled that the suppression of evidence favorable to an accused violates due process, irrespective of the good or bad faith of the prosecutor, where such evidence is material to the guilt or punishment of
3120-438: Is now the United States experienced conflicts with Native Americans, they also engaged in trade, exchanging European tools for food and animal pelts. Relations ranged from close cooperation to warfare and massacres. The colonial authorities often pursued policies that forced Native Americans to adopt European lifestyles, including conversion to Christianity. Along the eastern seaboard, settlers trafficked African slaves through
3240-409: Is the duty of the court to conduct some sort of inquiry. This is a question for the court, and not the jury. A trial court's decision of what material must be produced under the Act is subject to review under the "clearly erroneous" standard. It is within the discretion of the court to determine in the most appropriate manner whether a requested document is a producible statement. To determine whether
3360-496: Is the federal agency charged with addressing most environmental-related issues . The idea of wilderness has shaped the management of public lands since 1964, with the Wilderness Act . The Endangered Species Act of 1973 provides a way to protect threatened and endangered species and their habitats. The United States Fish and Wildlife Service implements and enforces the Act. In 2024, the U.S. ranked 34th among 180 countries in
3480-616: Is under no obligation to create producible material under the Jencks Act by calling key witnesses before the grand jury. The provision of the Jencks Act relating to disclosure of a witness' grand jury testimony address only disclosure at trial. Pretrial disclosure of such testimony is governed by Rule 6 (e) of the Federal Rules of Criminal Procedure. The Act does not bar the pretrial disclosure of grand jury testimony where requirements of Rule 6 (e) for such disclosure have been met. Sometimes courts will hold an in-camera hearing to determine if
3600-569: The Allies , helping to turn the tide against the Central Powers . In 1920, a constitutional amendment granted nationwide women's suffrage . During the 1920s and '30s, radio for mass communication and the invention of early television transformed communications nationwide. The Wall Street Crash of 1929 triggered the Great Depression , which President Franklin D. Roosevelt responded to with
3720-548: The Atlantic slave trade . The original Thirteen Colonies that would later found the United States were administered as possessions of Great Britain , and had local governments with elections open to most white male property owners . The colonial population grew rapidly, eclipsing Native American populations; by the 1770s, the natural increase of the population was such that only a small minority of Americans had been born overseas. The colonies' distance from Britain allowed for
Jencks Act - Misplaced Pages Continue
3840-460: The Brady ruling, prosecutors are required to notify defendants and their attorneys whenever a law enforcement official involved in their case has a confirmed record of knowingly lying in an official capacity. This requirement has been understood by lawyers and jurists as requiring prosecutors to maintain lists, known as Brady lists, of police officers who are not credible witnesses and whose involvement in
3960-529: The Environmental Performance Index . The country joined the Paris Agreement on climate change in 2016 and has many other environmental commitments. The United States is a federal republic of 50 states and a separate federal capital district, Washington, D.C. It also asserts sovereignty over five unincorporated territories and several uninhabited island possessions . The U.S. is
4080-493: The Federal Bureau of Investigation (FBI) and the U.S. Marshals Service have national jurisdiction and specialized duties, such as protecting civil rights , national security and enforcing U.S. federal courts ' rulings and federal laws. State courts conduct most civil and criminal trials, and federal courts handle designated crimes and appeals of state court decisions . There is no unified "criminal justice system" in
4200-688: The Great Lakes , Mississippi River and Gulf of Mexico . British colonization of the East Coast began with the Virginia Colony (1607) and Plymouth Colony (1620). The Mayflower Compact and the Fundamental Orders of Connecticut established precedents for representative self-governance and constitutionalism that would develop throughout the American colonies. While European settlers in what
4320-701: The Great Lakes region and along the Eastern Seaboard , while the Hohokam culture and Ancestral Puebloans inhabited the southwest . Native population estimates of what is now the United States before the arrival of European immigrants range from around 500,000 to nearly 10 million. Christopher Columbus began exploring the Caribbean for Spain in 1492, leading to Spanish-speaking settlements and missions from Puerto Rico and Florida to New Mexico and California . France established its own settlements along
4440-580: The Midwest . At the same time, about one million French Canadians migrated from Quebec to New England . During the Great Migration , millions of African Americans left the rural South for urban areas in the North. Alaska was purchased from Russia in 1867. The Compromise of 1877 effectively ended Reconstruction and white supremacists took local control of Southern politics . African Americans endured
4560-672: The National Park Service and other agencies. About 28% of the country's land is publicly owned and federally managed, primarily in the Western States . Most of this land is protected , though some is leased for commercial use, and less than one percent is used for military purposes. Environmental issues in the United States include debates on non-renewable resources and nuclear energy , air and water pollution , biodiversity , logging and deforestation , and climate change . The U.S. Environmental Protection Agency (EPA)
4680-583: The New Deal , a series of sweeping programs and public works projects combined with financial reforms and regulations . All were intended to protect against future economic depressions. Initially neutral during World War II , the U.S. began supplying war materiel to the Allies of World War II in March 1941 and entered the war in December after the Empire of Japan 's attack on Pearl Harbor . The U.S. developed
4800-759: The Organization of American States and the United States–Mexico–Canada Free Trade Agreement . In South America, Colombia is traditionally considered to be the closest ally of the United States. The U.S. exercises full international defense authority and responsibility for Micronesia , the Marshall Islands , and Palau through the Compact of Free Association . It has increasingly conducted strategic cooperation with India , but its ties with China have steadily deteriorated. Since 2014,
4920-638: The Pentium microprocessor in accordance with Moore's law , rechargeable lithium-ion batteries , the first gene therapy trial, and cloning either emerged in the U.S. or were improved upon there. The Human Genome Project was formally launched in 1990, while Nasdaq became the first stock market in the United States to trade online in 1998. In the Gulf War of 1991, an American-led international coalition of states expelled an Iraqi invasion force that had occupied neighboring Kuwait . The September 11 attacks on
Jencks Act - Misplaced Pages Continue
5040-576: The Spanish–American War . (The Philippines was granted full independence from the U.S. on July 4, 1946, following World War II. Puerto Rico and Guam have remained U.S. territories.) American Samoa was acquired by the United States in 1900 after the Second Samoan Civil War . The U.S. Virgin Islands were purchased from Denmark in 1917. The United States entered World War I alongside
5160-609: The United States ( U.S. ) or America , is a country primarily located in North America . It is a federal union of 50 states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the states of Alaska to the northwest and the archipelagic Hawaii in the Pacific Ocean . The United States also asserts sovereignty over five major island territories and various uninhabited islands . The country has
5280-670: The cotton gin made the institution increasingly profitable for Southern elites . This sectional conflict regarding slavery culminated in the American Civil War (1861–1865). Eleven slave states seceded and formed the Confederate States of America , while the other states remained in the Union . War broke out in April 1861 after the Confederates bombarded Fort Sumter . After
5400-514: The end of the Cold War in 1991, the U.S. emerged as the world's sole superpower , wielding significant geopolitical influence globally . The U.S. national government is a presidential constitutional federal republic and liberal democracy with three separate branches : legislative , executive , and judicial . It has a bicameral national legislature composed of the House of Representatives ,
5520-524: The fall of communism and the collapse of the Soviet Union , which marked the end of the Cold War and left the United States as the world's sole superpower . The 1990s saw the longest recorded economic expansion in American history , a dramatic decline in U.S. crime rates , and advances in technology . Throughout this decade, technological innovations such as the World Wide Web , the evolution of
5640-399: The federal courts . In some instances however, the statute may be overridden by an accused's constitutional right to disclosure of exculpatory evidence . The Jencks Act governs production of statements and reports of prosecution witnesses during federal criminal trials. The Act provides that in any criminal prosecution brought by the United States, no statement or report in the possession of
5760-400: The global economy in 2023. It possesses by far the largest amount of wealth of any country and has the highest disposable household income per capita among OECD countries. The U.S. ranks among the world's highest in economic competitiveness , productivity , innovation , human rights , and higher education . Its hard power and cultural influence have a global reach. The U.S. is
5880-515: The highest disposable household income per capita among OECD countries. As of February 2024, the total federal government debt was $ 34.4 trillion. Brady v. Maryland Brady v. Maryland , 373 U.S. 83 (1963), was a landmark U.S. Supreme Court decision holding that under the Due Process Clause of the Constitution of the United States , the prosecution must turn over to
6000-764: The 1775 Battles of Lexington and Concord , igniting the American Revolutionary War . At the Second Continental Congress , the colonies appointed George Washington commander-in-chief of the Continental Army , and created a committee that named Thomas Jefferson to draft the Declaration of Independence . Two days after passing the Lee Resolution to create an independent nation the Declaration
6120-515: The 2010s, political polarization in the country increased between liberal and conservative factions. This polarization was capitalized upon in the January 2021 Capitol attack , when a mob of insurrectionists entered the U.S. Capitol and sought to prevent the peaceful transfer of power in an attempted self-coup d'état . The United States is the world's third-largest country by total area behind Russia and Canada. The 48 contiguous states and
SECTION 50
#17330856913366240-449: The Act. It is not the responsibility of the defense to prove that the document should be produced. If after in camera inspection, of the requested document the court determines that only part of it relates to the subject matter of the witness's testimony, the court must excise those parts which do not relate to the witness' testimony. The sections to be excluded is in the discretion of the court. Material cannot be excluded simply because
6360-580: The American West have an alpine climate . The climate is arid in the Southwest, Mediterranean in coastal California , and oceanic in coastal Oregon , Washington , and southern Alaska . Most of Alaska is subarctic or polar . Hawaii , the southern tip of Florida and U.S. territories in the Caribbean and Pacific are tropical . States bordering the Gulf of Mexico are prone to hurricanes, and most of
6480-470: The Declaration of Independence on July 4, 1776. The term "United States" and the initialism "U.S.", used as nouns or as adjectives in English, are common short names for the country. The initialism "USA", a noun, is also common. "United States" and "U.S." are the established terms throughout the U.S. federal government , with prescribed rules. In English, the term "America" rarely refers to topics unrelated to
6600-557: The District of Columbia occupy a combined area of 3,119,885 square miles (8,080,470 km ). The coastal plain of the Atlantic seaboard gives way to inland forests and rolling hills in the Piedmont plateau region. The Appalachian Mountains and the Adirondack massif separate the East Coast from the Great Lakes and the grasslands of the Midwest . The Mississippi River System ,
6720-663: The Elder concluded that major military resources needed to be devoted to North America to win the war against France. The British colonies' position as an integral part of the British Empire became more apparent during the war, with British military and civilian officials becoming a more significant presence in American life. Following their victory in the French and Indian War, Britain began to assert greater control over local colonial affairs, resulting in colonial political resistance ; one of
6840-664: The January 1863 Emancipation Proclamation , many freed slaves joined the Union army . The war began to turn in the Union's favor following the 1863 Siege of Vicksburg and Battle of Gettysburg , and the Confederacy surrendered in 1865 after the Union's victory in the Battle of Appomattox Court House . The Reconstruction era followed the war. After the assassination of President Abraham Lincoln , Reconstruction Amendments were passed to protect
6960-476: The Rocky Mountains, the Yellowstone Caldera , is the continent's largest volcanic feature. In 2021, the United States had 8% of global permanent meadows and pastures and 10% of cropland. With its large size and geographic variety, the United States includes most climate types. East of the 100th meridian , the climate ranges from humid continental in the north to humid subtropical in the south. The western Great Plains are semi-arid . Many mountainous areas of
7080-451: The U.S. has become a key ally of Ukraine ; it has also provided the country with significant military equipment and other support in response to Russia's 2022 invasion . The president is the commander-in-chief of the United States Armed Forces and appoints its leaders, the secretary of defense and the Joint Chiefs of Staff . The Department of Defense , which is headquartered at the Pentagon near Washington, D.C., administers five of
7200-661: The U.S. territories." Despite disparate systems of confinement, four main institutions dominate: federal prisons , state prisons , local jails, and juvenile correctional facilities . Federal prisons are run by the Federal Bureau of Prisons and hold people who have been convicted of federal crimes, including pretrial detainees. State prisons, run by the official department of correction of each state, hold sentenced people serving prison time (usually longer than one year) for felony offenses. Local jails are county or municipal facilities that incarcerate defendants prior to trial; they also hold those serving short sentences (typically under
7320-402: The United States and the peaceful transfer of power . The Louisiana Purchase of 1803 from France nearly doubled the territory of the United States. Lingering issues with Britain remained , leading to the War of 1812 , which was fought to a draw. Spain ceded Florida and its Gulf Coast territory in 1819. In the late 18th century, American settlers began to expand westward , many with
SECTION 60
#17330856913367440-541: The United States entered the Cold War, where geopolitical tensions between the U.S. and the Soviet Union led the two countries to dominate world affairs . The U.S. utilized the policy of containment to limit the USSR's sphere of influence, and prevailed in the Space Race , which culminated with the first crewed Moon landing in 1969. Domestically, the U.S. experienced economic growth , urbanization , and population growth following World War II . The civil rights movement emerged, with Martin Luther King Jr. becoming
7560-495: The United States has operated as a de facto two-party system , though the parties in that system have been different at different times. The two main national parties are presently the Democratic and the Republican . The former is perceived as relatively liberal in its political platform while the latter is perceived as relatively conservative . In the American federal system , sovereign powers are shared between two levels of elected government: national and state. People in
7680-402: The United States in 2001 by the pan-Islamist militant organization al-Qaeda led to the war on terror , and subsequent military interventions in Afghanistan and Iraq . The cultural impact of the attacks was profound and long-lasting. The U.S. housing bubble culminated in 2007 with the Great Recession , the largest economic contraction since the Great Depression. Coming to a head in
7800-415: The United States of America to Spain" to seek assistance in the Revolutionary War effort. The first known public usage is an anonymous essay published in the Williamsburg newspaper, The Virginia Gazette , on April 6, 1776. By June 1776, the "United States of America" appeared in the Articles of Confederation and the Declaration of Independence . The Second Continental Congress adopted
7920-400: The United States which was made by a government witness or prospective government witness (other than the defendant) shall be the subject of subpoena , discovery or inspection until the witness called by the United States has testified on direct examination in the trial of the case. After testimony of the witness, called by the government on direct examination , the court must, on motion of
8040-434: The United States, despite the usage of "the Americas " as the totality of North and South America. "The States" is an established colloquial shortening of the name, used particularly from abroad; "stateside" is the corresponding adjective or adverb. The first inhabitants of North America migrated from Siberia across the Bering land bridge about 12,000 years ago; the Clovis culture , which appeared around 11,000 BC,
8160-478: The United States, except Iran , North Korea , and Bhutan . Though Taiwan does not have formal diplomatic relations with the U.S., it maintains close unofficial relations. The United States regularly supplies Taiwan with military equipment to deter potential Chinese aggression. Its geopolitical attention also turned to the Indo-Pacific when the United States joined the Quadrilateral Security Dialogue with Australia, India, and Japan. The United States has
8280-509: The United States. The American prison system is largely heterogenous, with thousands of relatively independent systems operating across federal, state, local, and tribal levels. In 2023, "these systems [held] almost 2 million people in 1,566 state prisons, 98 federal prisons, 3,116 local jails, 1,323 juvenile correctional facilities, 181 immigration detention facilities, and 80 Indian country jails, as well as in military prisons , civil commitment centers, state psychiatric hospitals, and prisons in
8400-456: The accused. The failure of the government to produce exculpatory evidence may or may not fall within the confines of the Jencks Act. In some cases, the production of documents must be made at a time prior to that required by the Jencks Act. The Brady rule may require the prosecutor to disclose grand jury testimony prior to trial, if the information is exculpatory, as well as other Brady material . In United States v. Anderson , when Brady material
8520-460: The actual killing and that they had stolen Brooks' car ahead of a planned bank robbery but had not planned to kill him. The prosecution had withheld a written statement by Boblit (the men were tried separately), confessing that he had committed the act of killing by himself. The Maryland Court of Appeals had affirmed the conviction and remanded the case for a retrial only on the question of punishment. Brady's lawyer, E. Clinton Bamberger Jr., appealed
8640-518: The case to the Supreme Court, hoping for a new trial. The Supreme Court held that withholding exculpatory evidence violates due process "where the evidence is material either to guilt or to punishment." The Court determined that under Maryland law, the withheld evidence could not have exculpated the defendant but was material to his level of punishment. Thus, the Maryland Court of Appeals' ruling
8760-488: The close of the prosecution's case, nor prior to the close of the trial. The identification and production of Jencks Act material may also be addressed at a pretrial conference. It is usual for the defense to receive the material outside the purview of the jury to avoid inference that the material is damaging to the defendant. If the material is not relevant, or helpful for impeachment, defense council may decide not to use it. Requiring production of Jencks material in front of
8880-453: The contiguous United States are in the State of California, about 84 miles (135 km) apart. At an elevation of 20,310 feet (6,190.5 m), Alaska's Denali is the highest peak in the country and continent. Active volcanoes are common throughout Alaska's Alexander and Aleutian Islands , and Hawaii consists of volcanic islands. The supervolcano underlying Yellowstone National Park in
9000-549: The country's GDP. The U.S. has 42% of the world's nuclear weapons —the second-largest share after Russia. The United States has the third-largest combined armed forces in the world, behind the Chinese People's Liberation Army and Indian Armed Forces . The military operates about 800 bases and facilities abroad, and maintains deployments greater than 100 active duty personnel in 25 foreign countries. State defense forces (SDFs) are military units that operate under
9120-464: The country's territory would expand with the admission of new states , rather than the expansion of existing states. The U.S. Constitution was drafted at the 1787 Constitutional Convention to overcome the limitations of the Articles. It went into effect in 1789, creating a federal republic governed by three separate branches that together ensured a system of checks and balances . George Washington
9240-399: The course of surveillance need not be preserved or produced. A statement by a government witness before a grand jury is producible under Jencks Act to the extent that it relates to the subject matter of the trial testimony. Such a statement is reproducible even though it has not been transcribed. Although the government is obliged to make a record of all testimony before the grand jury, it
9360-422: The defendant, order the United States to produce any statement of the witness in the possession of the government. If the entire contents of any such statement relate to the subject matter of the testimony of the witness, the court shall order it to be delivered directly to the defendant for his examination and use. Under the Jencks Act, a "statement" of a prosecution witness is: If the government does not deliver
9480-699: The development of self-governance, and the First Great Awakening , a series of Christian revivals , fueled colonial interest in religious liberty . For a century, the American colonists had been providing their own troops and materiel in conflicts with indigenous peoples allied with Britain's colonial rivals , especially France, and the Americans had begun to develop a sense of self-defense and self-reliance separate from Britain. The French and Indian War (1754–1763) took on new significance for all North American colonists after Parliament under William Pitt
9600-414: The dispossession of native inhabitants . As more states were admitted , a North–South division over slavery led to the secession of the Confederate States of America , which fought states remaining in the Union in the 1861–1865 American Civil War . With the victory and preservation of the United States, slavery was abolished nationally . By 1900, the country had established itself as a great power ,
9720-564: The environment for labor unions to begin to flourish . This period eventually ended with the advent of the Progressive Era , which was characterized by significant reforms. Pro-American elements in Hawaii overthrew the Hawaiian monarchy ; the islands were annexed in 1898. That same year, Puerto Rico , the Philippines , and Guam were ceded to the U.S. by Spain after the latter's defeat in
9840-527: The federal government often applied policies of Indian removal or assimilation . The Trail of Tears (1830–1850) was a U.S. government policy that forcibly removed and displaced most Native Americans living east of the Mississippi River to lands far to the west. These and earlier organized displacements prompted a long series of American Indian Wars west of the Mississippi. The Republic of Texas
9960-590: The first nuclear weapons and used them against the Japanese cities of Hiroshima and Nagasaki in August 1945, ending the war. The United States was one of the " Four Policemen " who met to plan the post-war world , alongside the United Kingdom , Soviet Union , and China . The U.S. emerged relatively unscathed from the war, with even greater economic power and international political influence . After World War II,
10080-636: The first settlement of the Thirteen Colonies in Virginia in 1607. Clashes with the British Crown over taxation and political representation sparked the American Revolution , with the Second Continental Congress formally declaring independence on July 4, 1776. Following its victory in the 1775–1783 Revolutionary War , the country continued to expand westward across North America , resulting in
10200-438: The holding of the Brady case, and the numerous state and federal cases that interpret its requirement that the prosecution disclose material exculpatory evidence to the defense. Exculpatory evidence is "material" if "there is a reasonable probability that his conviction or sentence would have been different had these materials been disclosed." Brady evidence includes statements of witnesses or physical evidence that conflicts with
10320-463: The integration of Army National Guard units and personnel into the U.S. Army and (since 1947) the U.S. Air Force. There are about 18,000 U.S. police agencies from local to national level in the United States. Law in the United States is mainly enforced by local police departments and sheriff departments in their municipal or county jurisdictions. The state police departments have authority in their respective state , and federal agencies such as
10440-414: The jury is reversible error. There must be some reason to believe that the documents actually exist. This can be documented when the witness uses the document to testify from, or by testimony that the document exists. The decision whether a document should be produced is made by the trial court and not the prosecution. Once issues concerning the producibility of a requested statement have been raised, it
10560-414: The material is relevant under the Act, it is not necessary for the production of documents. It is generally necessary that the defense make a motion for the production of the prior statement of a government witness under the Jencks Act. The motion of the defense for production should be made at the close of the testimony of the witnesses from whom the documents are sought. The request should not be made at
10680-417: 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. After the government's witness testifies, the court must, upon motion of the defendant, order the government to produce any statement of
10800-456: The meaning of the Act, and hence not subject to subpoena. On police officer's notes on statements of another were not "statements" within the meaning of the Jencks Act where there was no evidence that such notes were ever approved by the officer or that his words were recorded verbatim. Records of surveillance activities are not Jencks Act statements even though they have been transmitted by one government agent to another. Notes produced during
10920-477: The military draft (leading to the end of conscription in 1973) and wide opposition to U.S. intervention in Vietnam (with the U.S. totally withdrawing in 1975). A societal shift in the roles of women was significantly responsible for the large increase in female paid labor participation during the 1970s, and by 1985 the majority of American women aged 16 and older were employed. The late 1980s and early 1990s saw
11040-612: The most attractive to the population are the most vulnerable. The U.S. is one of 17 megadiverse countries containing large numbers of endemic species : about 17,000 species of vascular plants occur in the contiguous United States and Alaska, and over 1,800 species of flowering plants are found in Hawaii, few of which occur on the mainland. The United States is home to 428 mammal species, 784 birds, 311 reptiles, 295 amphibians , and around 91,000 insect species. There are 63 national parks , and hundreds of other federally managed parks, forests, and wilderness areas , managed by
11160-642: The most violent, the California genocide of thousands of Native inhabitants, lasted into the early 1870s, just as additional western territories and states were created. During the colonial period, slavery had been legal in the American colonies , though the practice began to be significantly questioned during the American Revolution. States in the North enacted abolition laws , though support for slavery strengthened in Southern states , as inventions such as
11280-408: The policy of redlining later adopted by the federal Home Owners' Loan Corporation . An explosion of technological advancement accompanied by the exploitation of cheap immigrant labor led to rapid economic expansion during the late 19th and early 20th centuries , allowing the United States to outpace the economies of England, France, and Germany combined. This fostered the amassing of power by
11400-553: The primary colonial grievances was a denial of their rights as Englishmen , particularly the right to representation in the British government that taxed them . To demonstrate their dissatisfaction and resolve, the First Continental Congress met in 1774 and passed the Continental Association , a colonial boycott of British goods that proved effective. The British attempt to then disarm the colonists resulted in
11520-402: The prosecution claims it is a matter of internal security, or confidentiality of the information. If the material is deemed to be work product of the prosecution, it can be excluded. If the defendant objects to the excision of parts of a document, the full text of the document must be preserved on the record for purposes of appeal. Notes prepared by law enforcement agents of an interview with
11640-439: The prosecution's witnesses and evidence that could allow the defense to impeach the credibility of a prosecution witness. Brady was given a new hearing, where his sentence was commuted to life imprisonment. Brady was ultimately paroled. He moved to Florida, where he worked as a truck driver, started a family, and did not re-offend. Police officers who have been dishonest are sometimes referred to as "Brady cops". Because of
11760-565: The rights of African Americans . National infrastructure, including transcontinental telegraph and railroads , spurred growth in the American frontier . From 1865 through 1917 an unprecedented stream of immigrants arrived in the United States, including 24.4 million from Europe. Most came through the port of New York City , and New York City and other large cities on the East Coast became home to large Jewish , Irish , and Italian populations, while many Germans and Central Europeans moved to
11880-596: The rocky Great Basin and Chihuahua , Sonoran , and Mojave deserts. In the northwest corner of Arizona , carved by the Colorado River over millions of years, is the Grand Canyon , a steep-sided canyon and popular tourist destination known for its overwhelming visual size and intricate, colorful landscape. The Sierra Nevada and Cascade mountain ranges run close to the Pacific coast . The lowest and highest points in
12000-449: The rules that should govern this particular area in the trial of criminal cases instead of leaving the matter of lawmaking to the courts. The Act, and not the Supreme Court decision in the Jencks case, governs the production of statements of government witnesses in a federal criminal trial. The Jencks Act is constitutional as an exercise of congressional power to prescribe rules of procedure for
12120-563: The six service branches, which are made up of the U.S. Army , Marine Corps , Navy , Air Force , and Space Force . The Coast Guard is administered by the Department of Homeland Security in peacetime and can be transferred to the Department of the Navy in wartime. The United States spent $ 916 billion on its military in 2023, which is by far the largest amount of any country , making up 37% of global military spending and accounting for 3.4% of
12240-528: The sole authority of a state government. SDFs are authorized by state and federal law but are under the command of the state's governor . They are distinct from the state's National Guard units in that they cannot become federalized entities. A state's National Guard personnel, however, may be federalized under the National Defense Act Amendments of 1933 , which created the Guard and provides for
12360-543: The states are also represented by local elected governments , which are administrative divisions of the states. States are subdivided into counties or county equivalents , and further divided into municipalities . The District of Columbia is a federal district containing the U.S. capital, Washington, D.C. . The federal district is an administrative division of the federal government. Federally recognized tribes govern 326 Indian reservations . The United States has an established structure of foreign relations, and it has
12480-504: The structure and responsibilities of the national federal government and its relationship with the individual states. The U.S. Constitution is the world's oldest national constitution still in effect (from March 4, 1789). Composed of three branches, all headquartered in Washington, D.C., the federal government is the national government of the United States. It is regulated by a strong system of checks and balances . The three-branch system
12600-399: The trial of the case. In context, the word trial means a judicial proceeding conducted for the purpose of determining the guilt or innocence of a person, and according to the statutory language, the defense is not entitled to production of a witness' statement under the Act after the witness has testified at a preliminary hearing. The bar against compulsory disclosure prior to the testimony of
12720-421: The witness for approval so as to generate a statement which is producible under the Act. Notes that are signed, adopted or approved by the witness are generally subject to subpoena. Those that are not cannot be ordered to be produced. Notes that are only of one word references and short phrases are not producible. Investigator's notes made from memory several days after interviewing a witness are not "verbatim" under
12840-407: 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 . The usual remedy for failure of the government to produce the documents is a mistrial and dismissal of criminal charges against the defendant . The Jencks Act
12960-567: The witness whose statement is sought cannot be circumvented by resort to the Freedom of Information Act, or Rule 16 of the Federal Rules of Criminal Procedure. It is left to the discretion of the trial court to determine whether Jencks material can be delivered before trial. This can be done to expedite a trial involving many witnesses. Disclosure of material may be required because of the Brady doctrine. Material may not be excluded from production because it
13080-565: The world's fourth-longest river system , runs predominantly north–south through the heart of the country. The flat and fertile prairie of the Great Plains stretches to the west, interrupted by a highland region in the southeast. The Rocky Mountains , west of the Great Plains, extend north to south across the country, peaking at over 14,000 feet (4,300 m) in Colorado . Farther west are
13200-567: The world's second-largest diplomatic corps as of 2024 . It is a permanent member of the United Nations Security Council , and home to the United Nations headquarters . The United States is a member of the G7 , G20 , and OECD intergovernmental organizations. Almost all countries have embassies and many have consulates (official representatives) in the country. Likewise, nearly all countries host formal diplomatic missions with
13320-509: The world's third-largest land area , largest exclusive economic zone , and third-largest population , exceeding 334 million. Its three largest metropolitan areas are New York , Los Angeles , and Chicago , and its three most populous states are California , Texas , and Florida . Paleo-Indians migrated across the Bering land bridge more than 12,000 years ago, and formed various civilizations and societies . British colonization led to
13440-444: The world's oldest surviving federation, and its presidential system of national government has been adopted, in whole or in part, by many newly independent states worldwide following their decolonization . It is a liberal representative democracy "in which majority rule is tempered by minority rights protected by law ". The Constitution of the United States serves as the country's supreme legal document , also establishing
13560-538: The world's tornadoes occur in the country , mainly in Tornado Alley . Overall, the United States receives more high-impact extreme weather incidents than any other country. Extreme weather became more frequent in the U.S. in the 21st century, with three times the number of reported heat waves as in the 1960s. In the American Southwest , droughts became more persistent and more severe. The regions considered as
13680-528: The world, with almost 2 million people incarcerated . An analysis of the World Health Organization Mortality Database from 2010 showed U.S. homicide rates "were 7 times higher than in other high-income countries, driven by a gun homicide rate that was 25 times higher". The U.S. has been the world's largest economy nominally since about 1890 . The 2023 nominal U.S. gross domestic product (GDP) of more than $ 27 trillion
13800-570: Was annexed in 1845, and the 1846 Oregon Treaty led to U.S. control of the present-day American Northwest . Victory in the Mexican–American War resulted in the 1848 Mexican Cession of California, Nevada, Utah, and much of present-day Colorado and the American Southwest . The California gold rush of 1848–1849 spurred a huge migration of white settlers to the Pacific coast, leading to even more confrontations with Native populations. One of
13920-754: Was adopted on July 4, 1776. The political values of the American Revolution included liberty , inalienable individual rights ; and the sovereignty of the people ; supporting republicanism and rejecting monarchy , aristocracy , and all hereditary political power; civic virtue ; and vilification of political corruption . The Founding Fathers of the United States , who included Washington, Jefferson, John Adams , Benjamin Franklin , Alexander Hamilton , John Jay , James Madison , Thomas Paine , and many others, were inspired by Greco-Roman , Renaissance , and Enlightenment philosophies and ideas. The Articles of Confederation were ratified in 1781 and established
14040-458: Was affirmed – Brady would receive a new sentencing hearing but not a new trial. William O. Douglas wrote: "We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment... Society wins not only when the guilty are convicted, but when criminal trials are fair." A defendant's request for " Brady disclosure " refers to
14160-565: Was elected the country's first president under the Constitution, and the Bill of Rights was adopted in 1791 to allay skeptics' concerns about the power of the more centralized government. His resignation as commander-in-chief after the Revolutionary War and his later refusal to run for a third term as the country's first president established a precedent for the supremacy of civil authority in
14280-643: Was enacted by the United States Congress in response to the 1957 Supreme Court decision in Jencks v. United States , 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
14400-424: Was the highest in the world, constituting over 25% of the global economy or 15% at purchasing power parity (PPP). From 1983 to 2008, U.S. real compounded annual GDP growth was 3.3%, compared to a 2.3% weighted average for the rest of the G7 . The country ranks first in the world by nominal GDP , second when adjusted for purchasing power parities (PPP), and ninth by PPP-adjusted GDP per capita . It possesses
#335664