Legislation – Federal Criminal Procedure – Modification of Jencks Decision

Defendant was convicted of a violation of 18 U.S.C. §1001. During the trial, the court denied defendant’s motion to order the government to produce for defendant’s inspection reports submitted by government witnesses to government agents. The reports dealt with the same subject about which these witnesses later testified. The court of appeals affirmed the decision. On certiorari to the United States Supreme Court, held, reversed, one justice dissenting. The government has a privilege to refuse to surrender statements made by its prospective witnesses, but it may claim the privilege only at the expense of a dismissal of its case against the defendant. Jencks v. United States, 353 U.S. 657 (1957).