Giglio v. United States
1972 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Giglio v. United States, 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial.[1] This is the case even if the failure to disclose was a matter of negligence and not intent. The case extended the Court's holding in Brady v. Maryland,[2] requiring such agreements to be disclosed to defense counsel.[3] As a result of this case, the term Giglio material is sometimes used to refer to any information pertaining to deals that witnesses in a criminal case may have entered into with the government.[4]
Giglio v. United States | |
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Argued October 12, 1971 Decided February 24, 1972 | |
Full case name | John Giglio v. United States |
Citations | 405 U.S. 150 (more) 92 S. Ct. 763; 31 L. Ed. 2d 104; 1972 U.S. LEXIS 83 |
Case history | |
Prior | Certiorari to the United States Court of Appeals for the Second Circuit |
Holding | |
Prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. | |
Court membership | |
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Case opinion | |
Majority | Burger, joined by unanimous |
Justices Powell and Rehnquist took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. amend. V |