The Jenks Act

Clinton Jenks, born in Colorado in 1918, is the man behind the Jenks act. The act contains material used during national criminal trial in the US. The Jenks act came into use in 1957 due to inconsistence in the courts handling of the case between the US government and Clinton Jenks. The court came up with rules for accessibility of evidence from complainant in criminal proceedings (Morvillo  Anello, 2001). During Jenks trial because of his membership to a party, the Federal Bureau of Investigation officers failed to produce statements of evidence.

According to Magdonald (1981), the Jenks act stresses the need to produce statements and other information possessed by the prosecutor in the following order
The US administration must only release its evidence against the accused only after the prosecutor gives the testimony (Magdonald, 1981).

Such delayed disclosure does not allow the defendant to take enough advantage of indictment opportunities brought by the prosecutors statement (Morvillo et al, 2001).

When the prosecutor has testified, the court must order the US government to produce the statement of evidence in relation to the case. If the statement rhymes with the case, it is taken to the accused for his scrutiny (Cornell University Law School, 2010).

In the occasion where the US government feels that the statement required is not inline with the testimony given by the prosecutor, the law court must compel the government to take the said statement for court scrutiny in private. The court will then delete portions which make the statement not to rhyme with the testimony given by the witness. The refined statement is then taken to the accused for his examination. Incase where the above process has taken place and the accused confronts the removal of some clauses, the hearing proceeds and if the accused is jailed, the whole statement remains in custody of the US government. If the accused appeals, the statement is availed to the court of appeal for further scrutiny to establish the viability of the previous ruling. Incase where the statement is given to the accused, the court may stop the proceedings temporarily if requested by the accused in preparation for direct examination of the witness in the case (Magdonald, 1981). Currently, so as to avoid recesses midway the trial, prosecutors usually give Jenks act stuff almost when the witness offers to give testimony (Morvillo et al, 2001).

In a situation where the government fails to observe the court ruling to supply the accused with the information, the court will overlook the prosecutors testimony and go on with the hearing or abort it (Magdonald, 1981).

The word statement (information) as used above is described by Magdonald (1981) as
Evidence put in writing by the prosecutor and signed or evidence agreed or adopted by the witness or
A recorded vocal evidence by the witness or
Evidence made the prosecutor to board of judges.

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