Jencks Act - Brady Material

Brady Material

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 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 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 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.