Determining If The Documents Should Be Produced
Once issues of concerning the producibility of a requested statement have been raised, it 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.
Read more about this topic: Jencks Act
Famous quotes containing the words determining, documents and/or produced:
“The true rule, in determining to embrace, or reject any thing, is not whether it have any evil in it; but whether it have more of evil, than of good. There are few things wholly evil, or wholly good.”
—Abraham Lincoln (1809–1865)
“Our medieval historians who prefer to rely as much as possible on official documents because the chronicles are unreliable, fall thereby into an occasionally dangerous error. The documents tell us little about the difference in tone which separates us from those times; they let us forget the fervent pathos of medieval life.”
—Johan Huizinga (1872–1945)
“In Pierre Elliot Trudeau, Canada has at last produced a political leader worthy of assassination.”
—Irving Layton (b. 1912)