UNITED STATES V NOBLES - A PROSECUTOR'S PERSPECTIVE

• NCJ Number: 37551
• Journal: American Criminal Law Review Volume: 14 Issue: 1 Dated: (SUMMER 1976) Pages: 1-15
• Author(s): M G SCHEININGER
• Date Published: 1976
• Length: 15 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

IN THIS DECISION, THE SUPREME COURT ACKNOWLEDGED FOR THE FIRST TIME THE INHERENT POWER OF A TRIAL COURT TO AUTHORIZE IN-TRIAL DISCOVERY BY THE PROSECUTOR SIMILAR TO THAT PERMITTED THE DEFENSE UNDER THE JENCKS ACT.

Abstract

SPECIFICALLY, THE COURT HELD THAT AFTER A DEFENSE WITNESS TESTIFIES, THE PROSECUTION IS ENTITLED TO PRODUCTION OF THE WITNESS' PRIOR STATEMENTS AS AN AID TO EFFECTIVE CROSS-EXAMINATION. NOBLES NOT ONLY REMEDIED AN UNFAIR EVIDENTIARY ADVANTAGE OF THE DEFENDANT IN PRESENTING HIS EVIDENCE BEFORE THE BAR BUT ALSO AFFIRMED THE PRIORITY OF THE TRUTH-SEEKING PROCESS AS CONSISTENT WITH THE RIGHTS OF AN ACCUSED IN OUR CRIMINAL JUSTICE SYSTEM. THE SCOPE OF THE OPINION, AND ITS PRACTICAL AND TACTICAL IMPLICATIONS, ARE THE SUBJECTS OF THIS ARTICLE. SEE ALSO NCJ-37552. (AUTHOR ABSTRACT)