The Jencks Joke

Law360, New York (April 16, 2012, 12:54 PM EDT) -- The sturm und drang surrounding the report on the mess the government made of its prosecution of the late Sen. Ted Stevens lays bare something that prosecutors and defense attorneys have known for decades: The Jencks Act is a joke. But it’s no laughing matter.

Among the many dimwitted elements of the government’s discovery practices in the Stevens case was its approach to the Jencks Act — the law that requires the government to turn witness statements over to the defense. The prosecution team — with...
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