NCJ Number
56656
Journal
Memphis State University Law Review Volume: 7 Issue: 4 Dated: (SUMMER 1977) Pages: 655-666
Date Published
1977
Length
12 pages
Annotation
THE TENNESSEE STATUTE, SIMILAR TO THE FEDERAL JENCKS ACT, PROVIDES FOR THE DISCOVERY OF WITNESSES' WRITTEN OR RECORDED STATEMENTS BY THE PROSECUTION OR THE DEFENSE. THE STATUTES PROVISIONS ARE DISCUSSED.
Abstract
DESPITE THE BROAD USE OF DISCOVERY IN CIVIL ACTIONS, DISCOVERY IN CRIMINAL TRIALS WAS SHARPLY RESTRICTED UNTIL THE PASSAGE OF THE TENNESSEE JENCKS ACT IN 1976. BECAUSE THE STATUTE AFFECTS PRETRIAL STATEMENTS OF WITNESSES, ITS PRIMARY PURPOSE IS TO PROVIDE AN ADEQUATE METHOD FOR THE IMPEACHMENT OF WITNESSES. SUCH IMPEACHMENT COULD OCCUR BY BRINGING TO A JURY'S ATTENTION ANY VARIANCE BETWEEN A WITNESS'S TESTIMONY IN COURT, AND HIS OR HER PRETRIAL STATEMENT. WHETHER A PRETRIAL STATEMENT QUALIFIES FOR USE AT TRIAL IS A QUESTION FOR THE COURT TO DECIDE USING THE CRITERIA IN THE STATUTE. DUE TO THE LACK OF INTERPRETATION OF THE STATUTE BY TENNESSEE COURTS, DISCUSSIONS OF THE ITS APPLICATION OFTEN REFER TO DECISIONS OF FEDERAL COURTS IN THEIR USE OF THE ANALOGOUS FEDERAL LAW. WHILE COURTS HAVE DISAGREED ON THE SCOPE OF THE PROVISION CONCERNING RECORDED STATEMENTS, THEY GENERALLY HOLD THAT A STENOGRAPHIC OR TAPED TRANSCRIPT NEED NOT BE A PRECISELY VERBATIM RECORD OF WHAT THE WITNESS SAID BEFORE TRIAL. THE ROUGH NOTES OF INVESTIGATORS, HOWEVER, WOULD NOT BE RELIABLE ENOUGH TO BE PRODUCED FOR IMPEACHMENT. REQUESTS FOR SUCH A STATEMENT ON A MOTION BY AN ATTORNEY, MUST BE MADE AT A TIME WHEN IT IS POSSIBLE TO COMPLY WITH THE REQUEST. THE RECIPROCITY ASPECT OF THE STATUTE IS CONSIDERED A POTENTIAL OBSTACLE TO ITS ADMINISTRATION. A LEGISLATIVE AMENDMENT THAT WOULD BROADEN THE CAPTION OF THE STATUTE IS RECOMMENDED. FOOTNOTES ARE PROVIDED. (TWK)